Dalswell v. State

— The plaintiff in error was convicted of carnally knowing and abusing a female child under the age of ten years on July 19, 1918, under Section 3221 of the General Statutes of 1906, and sentenced to life imprisonment.

On writ of érror it is contended that as the defendant was under fourteen years of age, the conviction should not stand, since, as argued, there is no evidence of the capacity of the defendant to commit the crime.

Section 3222 of the General Statutes of 1906, provides that “the common law rule ‘that a boy under fourteen years of age is conclusively presumed to be incapable of…