Hutto v. State
Supreme Court of Alabama
Rape. Appeal from Henry Circuit Court. Heard before Hon. W. L. Lee, Special Judge. Under an indictment charging Ely Hutto with carnally knowing a female under the age of consent, he was convicted of an attempt to commit the offense and he appeals. The defendant cannot, under the evidence be guilty as charged. — Dawkins v. The State,-58 Ala. 378; 135 Ala. 28; 55 Ala. 264; Toulet v. The State, 100 Ala. 72.
1Opinion of the CourtSayre, J.
Appellant was tried and convicted under an indictment which charged that he did carnally know, or abuse in the attempt to carnally know, a girl under the age of 12 years. The evidence .showed without conflict that there had been nothing more than the external contact of the sexual organ of the defendant with the private parts of the child — there had been no penetration. Nor had there been any abuse, as that statutory term has been defined by this court (Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754) — no physical injury to the child’s sexual organs. Under this evidence there could be no…
2Cases cited7 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Dawkins v. StateSupreme Court of Alabama · 1877
- Toulet v. StateSupreme Court of Alabama · 1893
- Stone v. StateSupreme Court of Alabama · 1896
- Richardson v. StateSupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Burton v. StateAlabama Court of Appeals · 1913
- Smith v. StateAlabama Court of Appeals · 1948
- Pugh v. StateSupreme Court of Alabama · 1940
- Huggins v. StateAlabama Court of Appeals · 1962
16 more not listed; retrieve them via the Exa API.