Bowmer v. State

The indictment charged the crime of rape denounced by Section 6451 of Shannon’s Code. “The jury found the defendant guilty of attempt to commit rape,” and assessed the punishment at ten years in the Penitentiary. Appeal was prayed and through assignments of error it is urged, (1) That the evidence preponderates against the verdict. (2) That the trial Judge erroneously instructed the jury that Section 6459 -of Shannon’s Code, and not Section 6471, prescribed the punishment for attempt to have carnal knowledge of a female under twelve years of age.

Harriett Dobrzyn, whose age was eleven years,…