Cabe v. State

Appellant was indicted for rape in the circuit court of Pulaski County, First Division, and upon the trial of the charge was convicted of the crime of carnal abuse, and was adjudged to serve a term of five years in the 'State penitentiary, as a punishment therefor, from which is this appeal.

Appellant first contends for the reversal of the .judgment because the- trial court overruled a demurrer to the indictment. It is argued that the indictment was fatally defective, because it did not allege that the act complained of -by the State was an unlawful act. Section 2717, C. & M. Digest, defining…