Reynolds v. State

GOODWYN, Justice.

Appellant was indicted and tried for violation of § 398, Tit. 14, Code 1940, which provides as follows:

“Any person who has carnal knowledge of any girl under twelve years of age, or abuses such girl in the attempt to have carnal knowledge of her, shall, on conviction, be punished, at the discretion of the jury, either by death or by imprisonment in the penitentiary for not less than ten years.”

The jury found appellant guilty and fixed his punishment at imprisonment in the peni tentiary for 42 years. Sentence was imposed accordingly- •

Appellant’s motion for a new trial,…