The Birmingham age-herald., 1922-06-25
WOODLAWN YOUTH FOUND GUILTY BY JURY AT ATHENS
Sentence Approved by Jury and Youthful Defendant Is Firm-NeW Trial Denied
 and Case Appealed


 convicted of criminal assault
 after . jury deliberation of nins
 hours in circuit court here to-
 nimht, was sentenced to 25 years an the state penitentiary by Judge o. Kyle at 1Os45 o'clock The verdict wsn reached at 1eiaos
 but remained sealed until the judge could he summoned. In passing tho sentence Judge Kyle asked for vote of approval from the jury in open court. all of whom voted their approval. Turning to the defendant, he asked; "Is there any reason why this sentence should not be placed upon your Malloy shook his head and later stated his age to be IS.
 Counsel for the defense then en- tered motion for new trial. which was overruled by Judge Kyle. and counsel then gave notice of an ap- peal. The jury was discharged and the special session of court was ad- journed.
 Kennamer Tried Later
 The case of Oakley Kennamer, held on similar charge, was continued. and unofficial information was given out this afternoon that another spe- cial session of court would be called July 10. at which time the second all legged assailant will face trial. Malloy, with Kennamer, was charged with making an assault on q 15-year-oid Florence girl while the three were out riding at night in the progress of an Epworth League con ventlon here some two weeks ago. According to the girls statement on the witness stand, she accepted the invitation of both young men to take her to the home of her hostess from the convention hall. Instead. they motored to Albany, thence to Deca- tur. where one of the boys pur- chased liquor, and then returned to Athens at about 1 o'clock the next morning. She said her renewed re- quest to be taken home was refused and that they rode out from Athens again, and the assault was made by Malloy after Kennamer left the car. stating that he was sick.
 Charge Denied Testimony of both Malioy and Kennamer correspepded with this ex- eept that both cuntended that their actions met with the consent of the plaintiff.
 The fury retired shortly before Q clock this afternoon and a verdict could be reached only after approxi- matsly nine hours dellberation.
 Attorney W. W. Callahan of Deca- tur concluded the arguments in the case at 1I;5u. representing the state. X recess was taken until 1 o'clock by order of Judge Kyle at which time his charge to the jury was made last inE 46 minutes.
 Callahan Plays Defense
 Attorney Callahan took occasion In his argument to criticise bitterly some statements made by counsel for the defense yesterday Afternoon and last night, and particularly that of Attorney Gibson last night when the latter censured the state for ac- oepting a true bill against young Malloy. since the alleged offensa was only a mistake characteristic of youth and that more properly. mar- rixge might have been incouraged.
 Treating the moral issue in the
 case the states attorney de-
 clareA, Athat such . eontempt-
 fbIs and degrading act should
 not be countenanced. and that 1t
 behooved the jury to retnrn .
 verdict of guilty, which besides
 JoNest~s f'1 - %s~-"
 able lesson to the youth of Ala
 bama and the entire southland.
 thus assuring proper punish
 ment of such occurrences in the
 futurc-w
 Solicitor B. c. Almon of this dis- trict was the first to argue the case yesterday afternoon, when testimony had been concluded. He contended that no testimony had been present. ed to vindicate the defendant and that conviction was inevitable.
 Character Witnesses
 Attorney Davis, Birmingham, then spoke in defense of Malloy. and stressed the significance of the testi- mony of more than score of char acter witnesses from Birmingham and woodlawn district, who took the stand to uphold the good character
 fContinued on Page Two.)