Reports of Cases Decided in the Supreme Court of the State of Georgia Volume 116
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: ...to set aside the verdict. 2. The remaining grounds set out are that the verdict was contrary to the evidence, and that the trial judge erred in instructing the jury that, under the evidence in the case, they could find the defendants guilty of an assault with intent to commit rape. The evidence submitted for the State, if true, discloses the commission of a most horrible and outrageous crime, the details of which reflect very severely not only upon the morals, but also upon the civilization of those who participated in it. 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 he 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, ...
- Paperback | 436 pages
- 189 x 246 x 23mm | 776g
- 13 Sep 2013
- Illustrations, black and white