Legal Opinion

Grimes v. State

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 17 opinions

Appeal from the Circuit Court of Washington. Tried before the Hon. James T. Jones. The appellant in this case, Sanford Grimes, was tried and convicted under an indictment charging in one count rape, and in the other, carnal knowledge of a female under 10 years of age ; and was sentenced to the penitentiary for life.

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Appeal from the Circuit Court of Washington. Tried before the Hon. James T. Jones. The appellant in this case, Sanford Grimes, was tried and convicted under an indictment charging in one count rape, and in the other, carnal knowledge of a female under 10 years of age ; and was sentenced to the penitentiary for life. The defendant demurred to the indictment on the ground that there is a misjoinder of counts in that in the first the defendants charged with rape, and in the second count he is charged with carnal knowledge, two distinct and different offenses. This demurrer was overruled . Upon…

1Opinion of the CourtColeman, J.

The indictment contains two courts ; the first charging the defendant with rape, the second, with carnal knowledge of a female under ten years of age. The indictment was thus framed to meet the different phases in which the evidence might present the offense. If force was used or the party made to yield unwillingly, the offense would come under the first count. On the other hand, if the evidence showed carnal knowledge of a-female of such tender years, as to be incapable of legal consent, the offense would be covered by the second count, There was but one unlawful act charged. The demurrer…

2Cases cited1 opinion

  1. Beason v. StateSupreme Court of Alabama · 1882

3Cited by17 opinions

  1. Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
  2. Crenshaw v. StateSupreme Court of Alabama · 1921
  3. Mitchell v. StateSupreme Court of Alabama · 1900
  4. Bone v. StateAlabama Court of Appeals · 1913
  5. State v. TrustySupreme Court of Iowa · 1904

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