Strader v. State

Plaintiff in error, referred to as defendant, was charged in an indictment, under T.C.A. sec. 39-606, with an assault and battery upon a female under 12 years of age, Diana Stroud, with intent to unlawfully carnally know her, and was convicted of that felony and his punishment fixed at 10 years in the penitentiary.

*673He appealed in error and lias assigned a number of errors, among others, that the Trial Judge failed to charge the jury the law as to the lesser offenses included in the felony charged, and thus denied him a fair trial upon the law and the evidence; and that the evidence…