Georgia Reports Volume 116

Georgia Reports Volume 116

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...If the jury believed this evidence they were bound to find that the defendants criminally assaulted the prosecutrix, and each had forced sexual connection with her, in a most revolting manner; and therefore were guilty of the offense of rape. The evidence for the defendants tended to show that neither a rape nor an assault with intent to commit a rape was committed by either of the accused. What is the truth of the matter we, of course, do not know, nor is it our province to determine; but if the jury believed the evidence of the witnesses for the defendants, the verdict under this indictment should have been not guilty. No evidence was had as to any criminal assault save that which was included in the commission of the rape, of which certain witnesses testified. Therefore a charge that the jury could, under the evidence, find the defendants guilty of an assault with intent to commit a rape was error; for it is declared in the Penal Code, 19, that " No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offense, when it shall appear that the crime intended, or the offense attempted, was actually perpetrated by such person at the time of such assault, or in pursuance of "such attempt." The plaintifi's in error are entitled to have this rule of law enforced in their favor. And as, under the evidence, the jury could not have legally found them guilty of an assault with intent to commit rape, an instruction that they had this power was error, and the finding made thereunder was contrary to law and the evidence. Judgment reversed. All the Justices concurring, except Lumplcin, P. J., absent, and Candler, J., not presidmg. 1-'mi, J. The evidence authorized the...
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Product details

  • Paperback | 438 pages
  • 189 x 246 x 23mm | 776g
  • United States
  • English
  • black & white illustrations
  • 1236987969
  • 9781236987969