Smith v. State

HARWOOD, Judge.

This appellant was indicted for carnally knowing, or abusing in the attempt to carnally know, a girl under the age of twelve years, a statutory offense denounced by Section 398, Title 14, Code of Alabama 1940.

The appellant was about twenty years of age at the time of this alleged offense, and had just recently been honorably discharged from the Navy.

In the jury trial below the court instructed the jury, among other things, that included in the charge of carnal knowledge was the offense of assault with intent to rape, and further instructed them as to the form of their verdict…