Nephew v. State

August Nephew was convicted of the offense of .adultery and fornication, -and excepts to the judgment overruling his motion for a new trial. The only point raised by the record is whether the verdict is contrary to law and evidence for the reason that, if the defendant is guilty at all, he is guilty of some other crime than that charged in the indictment. The testimony in the record shows that the defendant is the stepfather of Patience Mell, the female with whom it is alleged the offense was •committed. At the time of the criminal act she was a girl twelve years of -age. She did not Eve with…