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State (1898), the court said that, although the girl assaulted was over ten years old, if the jury concluded that "she was a child in stature, constitution and physical and mental development, and they believed from her age and appearance that she was incapable of consenting," then the accused should be convicted of rape, "although she made no objection to the intercourse." 18 The southern appellate judiciary insisted, however, that the indictment had to indicate the age of the girl and the prosecution had...