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OSBORN v. STATE

6 Div. 376.

56 So.2d 786 (1952)

OSBORN v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 5, 1952.

Attorney(s) appearing for the Case

Johnson & Randall, Oneonta, for appellant.

Si Garrett, Atty. Gen., M. Roland Nachman, Jr., Asst. Atty. Gen., and Wm. H. Sanders, Montgomery, of counsel, for the State.

HARWOOD, Judge.

This appellant has been found guilty by a jury of carnally knowing, or abusing in attempting to carnally know, a girl over the age of twelve years and under the age of sixteen years, an offense denounced by Section 399, Title 14, Code of Alabama 1940.

Consent on the part of the offended girl is of course not an element of this offense. Bedsole v. State, 28 Ala.App. 27, 177 So. 308.

The prosecutrix in this case was fifteen years old...

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