NOBLE v. STATE

7 Div. 19.

45 So.2d 857 (1950)

NOBLE v. STATE.

Supreme Court of Alabama.

April 13, 1950.


Attorney(s) appearing for the Case

H. Herbert Evans, of Anniston, for appellant.

A. A. Carmichael, Atty. Gen., and L. E. Barton, Asst. Atty. Gen., for the State.


FOSTER, Justice.

This is an appeal from a conviction of the offense of carnal knowledge of a girl under twelve years of age, section 398, Title 14, Code, and in another count the indictment charged incest, since the girl is alleged to be the daughter of defendant, section 325, Title 14, Code. The verdict was guilty on the first count.

The first contention is that since the act was with her consent, she was an accomplice and, therefore, that defendant could...

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