Weldon v. State

The appellant was prosecuted in the court *82below for an assault an battery on the body of a female child under the age of twelve years, with intent to commit a rape. Plea, not guilty; trial by jury; verdict as follows: “We the jury find defendant guilty of committing assault and battery with intent to commit a rape, and that he bo confined in the state prison for two years.” Motion for a new trial overruled, and judgment on the verdict, over the objection and exception of the defendant.

The main question in the case arises on the introduction in evidence of the declarations of the injured…