State v. Cannon

The opinion of the court was delivered by

Garretson, J.

The defendant was convicted upon an indictment found under section 115 of the Crimes act of 1898.

This section provides, “Any person who shall have carnal knowledge of a woman forcibly, against her will * * * or who, being of the age of sixteen years or over, shall unlaw*47fully and carnally abuse a woman under the age of sixteen years, with or without her consent, shall be guilty of a high misdemeanor.”

This statute defines two crimes: one, rape, as at common law; the other, carnal abuse of a child under the age of sixteen years.

The indictment…