Brasher v. State

LAWSON, Justice.

Fayette Brasher was convicted of having carnal knowledge of a girl over twelve but under sixteen years of age. § 399, Title 14, Code 1940.

Brasher pleaded not guilty to the indictment and by the testimony of his wife attempted to prove an- alibi. The girl, Elsie Louise Golden, who was thirteen years old at the time the offense was alleged' to have been committed, positively identified Brasher as the man who carnally knew her. It appears that she was well-developed for her age.

Upon the trial of the case the trial court permitted the State to show: (1) By a little five-year-old…