Hacker v. State

BRICKEN, Presiding Judge.

Title 14, § 398, Code 1940, provides: "Any person who has carnal knowledge of any girl under twelve years of age, or abuses such girl in the attempt to have carnal knowledge of her, shall, on conviction, be punished, at the discretion of the jury, either by death or by imprisonment in the penitentiary for not less than ten years.”

At the Fall Term 1942 of the Limestone County Circuit Court, the grand jury found, and returned into open court an indict-' ment against this appellant wherein he was charged with the violation of the above quoted Statute; specifically, that…