HARWOOD, Judge.
This appeal is on the record proper.
The record discloses that this appellant was indicted for carnal knowledge of a girl under 12 years of age. This is a capital offense under the statute creating it, the penalty being either death or imprisonment in the penitentiary for not less than ten years, at the discretion of the jury. See Section 398, Title 14, Code of Alabama 1940.
The judgment entry shows that upon the appellant's arraignment...
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