Baldwin v. StateBaldwin v. State
Aрpellant was tried under an indictment' which, omitting formal рarts, charged him in the following language, to wit: “Ru-dolph Baldwin, whose true name is to the grand jury unknown otherwise than аs stated, did carnally know, or abuse in the attempt to carnally know Ada Winslett, alias Billie Winslett, whose true name is to the grand jury unknown otherwise than as stated, a girl under the age of twelve.”
The verdict of the jury was: “We thе jury find the defendant guilty
as charged of carnal knowledge
and fix his punishment at ten years in the penitentiary of the State of Alabama.” (Italics ours.) The words
“as charged of carnal knowledge”
were entirely unnecessary, and may be disregаrded as surplusage. Chappell v. State,
As for the other of said criticisms (we believe there were but two), it is only necessary that we remark that wt reаd the verdict as being amply definite to the effect that appellant’s punishment was by thé same fixed at
imprisonment
in thе penitentiary of the state for the term of ten years. But even if we should be in error as to this, there was in thе court below no objection to the verdict of the jury, nor the action of the court in sentencing thе defendant thereon; nor was there a motion to set the verdict aside. In this situation there is nothing in the chаrge in question before us for review. Morrissette v. Statе,
We are persuaded that no good purpose could be served by a discussion of the revolting evidence in the case. We are clear tо the conclusion that it was sufficient to warrant the refusal of the general affirmative charge requested by appellant. Ex parte Grimmett,
Whatever mаy be the technical propriety or impropriety of the trial court’s action in admitting over appellant’s objection testimony as to the cоndition of the ground at the place where the offеnse was claimed to have been committed, we are convinced that, as the issues were'framеd, such had no effect whatsoever upon the оutcome of the trial. It bore on no contested issue; and was perhaps admissible as a part оf the res gestae of what even the appellant admitted occurred.
The girl in question was but eight years of age; and aрpellant’s counsel sums the matter up this wise: “By taking a simple common sense view of the situation it is clearly apparent thаt the defendant had no intent to ravish this child or to havе car-nal knowledge' of her but — all that the evidence tends to show is that there was some impropеr treatment at'his hands.”
' But, by a reference to Underhill’s Criminаl Evidence (4th Ed.) § 674, p. 1271, where we think the law is correctly stаted, we are impressed, and hold, that the jury could, as they did, find that this “improper treatment” — so designated by appellant’s counsel — constituted the crime charged.
We find no reversible error to have been anywhere committed in the proceedings, and the judgment is affirmed.
Affirmed.