Speer v. State

Jackson, Judge.

The defendant was indicted for rape. At the close of the ordinary indictment for that crime, the allegation was made that the defendant was an unmarried man, and the woman wronged was an unmarried woman. On the trial the defendant was found guilty of fornication. Whereupon a motion was made to arrest the judgment, the motion was overruled *382by the superior court, and the assignment of error here is, that the court erred in not arresting the judgment. So that the single question made is, can a verdict for fornication be supported by an indictment for rape ? or, in other words, is…