Bradham v. State

RICE, Judge.

The indictment consisted of two counts: The first ^charging the offense of rape, under section 5407 of the Code of 1923; the second charging the offense of having carnal knowledge of girl under 12 years of age, under section 5410 of the said Code.

Appellant was convicted under the second count of the indictment; this operating as an acquittal of the offense charged under the first. Foxx v. State, 26 Ala.App. 146, 154 So. 912; Alabama Digest, vol. 6, p. 910, Criminal Law <®=5878(3). It was without dispute that the girl in question was only 10 years of age.

While it is true that the…