Toulet v. State
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe defendant entered a bouse where a colored girl of eight years of age was, alone, with a baby she was attending for her mother. Defendant took tbe baby from tbe girl, laid it on tbe bed, and then spoke to tbe girl in obscene terms. He then took her by tbe band, led her into tbe woods and after taking off part of her under clothing, laid her on tbe ground and sat near her.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe defendant entered a bouse where a colored girl of eight years of age was, alone, with a baby she was attending for her mother. Defendant took tbe baby from tbe girl, laid it on tbe bed, and then spoke to tbe girl in obscene terms. He then took her by tbe band, led her into tbe woods and after taking off part of her under clothing, laid her on tbe ground and sat near her. He again spoke to her in improper and obscene language. While defendant was so talking to tbe girl, tbe latter was crying, and while so situated…
1Opinion of the CourtStone, C. J.
The third count of the indictment in this case charges that the defendant assaulted “Mamie Riley, a girl under the age of ten years, with the intent to carnally know her.” It contains no averment that the defendant succeeded in having carnal knowledge of her, or that he abused her in an attempt to have such carnal knowledge. Our statute bearing on the question which may be supposed to have given rise to this count is section 3739 of the Code of 1886, and is in the following words: “Any person who has carnal knowledge of any female under ten years of age, or abuses such female in the attempt…
2Cases cited2 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- Duncan v. StateSupreme Court of Alabama · 1889
3Cited by22 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Pumphrey v. StateSupreme Court of Alabama · 1908
- Hutto v. StateSupreme Court of Alabama · 1910
- Smith v. StateAlabama Court of Appeals · 1948
- Huggins v. StateAlabama Court of Appeals · 1962
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