Montgomery v. State

The indictment charged that the defendant did carnally know, or abuse in the attempt to carnally know Pat Daily, a girl under the age of twelve years.

On the trial the Judge charged the Jury that under the evidence there could be no conviction for the crime of rape, but he submitted to them the question as to whether or not there was an abuse in the attempt to carnally know the child.

The prosecution in this case was brought under Section 5410 of the Code of 1923, which provides that: "Any person who has carnal knowledge of any girl under twelve years of age, or abuses such girl in the attempt…