State v. Clough

Rodney, J.,

delivering the opinion of the Court:

The failure of this Court to compel the State to elect which of the two counts in the indictment it would proceed on is one ground alleged for a new trial. At the trial the defendant argued that the election must be made because, while the consent of the female would be immaterial under the count of “using” s.uch female, yet, under the count of “taking” such female, the volunteer act of the female is an element. At the trial I was of the opinion that the entire act was framed for the protection of children under the age of eighteen years and that…