Marshall v. State

Appellant was indicted, tried, and convicted for having carnal knowledge of May Houston, alleged to be under 16 years of age and over 12.

The evidence disclosed some slight conflict as to the- details, time, place, etc., of the alleged cohabitation of these parties, but the fact of such cohabitation within the time covered by the indictment and in the county where the indictment was preferred and the prosecution pending was .without dispute. The defendant’s plea of “not guilty” raised two questions only: (1) Did he have, carnal knowledge of the girl in question? (2) Was such girl under the age…