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STATE v. HIGGINBOTHAM

No. 12101.

122 S.E.2d 429 (1961)

STATE of West Virginia v. Clenna HIGGINBOTHAM.

Supreme Court of Appeals of West Virginia.

Decided November 14, 1961.

Attorney(s) appearing for the Case

D. Boone Dawson, Charleston, for plaintiff in error.

C. Donald Robertson, Atty. Gen., George H. Mitchell, Asst. Atty. Gen., Charleston, for defendant in error.

HAYMOND, President.

At the April Term, 1960, of the Intermediate Court of Kanawha County, the defendant Clenna Higginbotham was indicted for the crime of attempt to commit statutory rape upon Sharon Kay Whitten, a female child under the age of sixteen years. The indictment charged that the defendant, a male person over the age of sixteen years, in December 1959, in Kanawha County, in and upon one Sharon Kay Whitten, a female...

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