50 Ala. 456 | Ala. | 1874
The statute (Rev. Code, § 3663) declares the carnal knowledge of a female under the age of ten years, or the abuse of such female in the attempt carnally to know her, must, at the discretion of the jury, be punished either by death, imprisonment in the penitentiary for life, or hard labor for the county for life. The form of indictment prescribed by the Code (and which in this case has been pursued) is, “ A. B. did carnally know, or abuse in the attempt to carnally know, C. D., a female under the age of ten years.” This form of indictment the Code authorizes, when offences are of the same character, and subject to the same punishment. Rev. Code, § 4125. It was permissible, at common law, to charge such
For this error, the judgment is reversed, and the .cause remanded ; but the prisoner must remain in custody, until discharged by due course of law. .