54 S.C. 162 | S.C. | 1899
The opinion of the Court was delivered by
The appellant was convicted under scetion 115 of the Criminal Code, which is as follows: “If any person shall unlawfully and carnally know any woman ■child under the age of fourteen years, every such unlawful and carnal knowledge shall be felony, and the offender thereof shall suffer as for rape. * * *”
The defendant appealed upon the following exceptions: 1. “Because his Honor refused to charge the jury the following request, submitted by the defendant: ‘That if the jury believe from the evidence that the defendant is under the age of fourteen years, he cannot be found guilty of the charge preferred in the indictment.’ But on the contrary charged as follows: T cannot charge that — that would be the same as to say, he is incapable under fourteen of com
Judgment affirmed.