McCUTCHEON v. STATE

6 Div. 823.

48 So.2d 45 (1950)

McCUTCHEON v. STATE.

Court of Appeals of Alabama.

Rehearing Denied April 11, 1950.


Attorney(s) appearing for the Case

Geo. Rogers, of Birmingham, for appellant.

A. A. Carmichael, Atty. Gen., and Neil Metcalf, Asst. Atty. Gen., for the State.


BRICKEN, Presiding Judge.

The indictment charged the defendant with rape. After a long drawn out trial upon said charge the jury returned a verdict of guilty of the offense of assault and battery and assessed a fine of $200, to which the trial court added six months hard labor. Judgment of conviction was accordingly pronounced and entered, from which this appeal was taken. The verdict of the jury operated as an acquittal of the defendant of rape, and all questions...

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