Jones v. State

Alabama Court of Appeals

Jones v. State

127 So. 2d 375, 41 Ala. App. 225, 1961 Ala. App. LEXIS 396

CourtAlabama Court of Appeals

DecidedFebruary 21, 1961

Docket6 Div. 814

StatusPublished

This text of 127 So. 2d 375 (Jones v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. State, 127 So. 2d 375, 41 Ala. App. 225, 1961 Ala. App. LEXIS 396 (Ala. Ct. App. 1961).

Pincite

Opinion

HARWOOD, Presiding Judge.

The indictment against this appellant charged him with carnally knowing a girl under the age of twelve years.

At his arraignment he entered a plea of not guilty.

At his trial he was permitted to withdraw his plea of not guilty interposed upon arraignment, waive a jury trial, and enter a plea of guilty to “assault with intent to ravish, as charged in said indictment * * *n

Accordingly he was, by the court, adjudged “guilty of assault with intent to ravish, as charged in the indictment,” and sentenced to a term of five years in the-penitentiary. •

[226]*226Assault with intent to rape is a separate and distinct offense from our statutory offense of carnal knowledge, and the constituent elements of the two offenses being different, assault with intent to rape cannot be considered as a lesser included offense of carnal knowledge. Smith v. State, 34 Ala.App. 45, 38 So.2d 341.

It follows therefore that the judgment entered cannot be supported when viewed in the light of the indictment charging this appellant with the offense of carnal knowledge.

Reversed and remanded.

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