State v. West

I cannot concur with the views expressed by the majority on any one of the three grounds upon which an affirmance is based, to wit: (1) That the unconstitutionally of the statute under which the instant indictment is drawn cannot be raised for the first time on appeal; (2) that the testimony of the prosecutrix is corroborated, as required by Section 5488 of the Code; and (3) that there is competent or sufficient evidence proving or tending to prove that the defendant is over 25 years of age, which is a material allegation of the indictment.

I. It is urged by the State, and sustained by the.…