Todd v. State
Court of Appeals of Georgia
Conviction of assault with intent to rape; from Terrell superior court — Judge Worrill. October 4-, 1919.
1Opinion of the CourtLuke, J.
1. At common law and under the Penal Code of 1910, § 34, sexual intercourse with a female child under the age of ten years, whether had with or without her consent, stands upon the same footing as if had forcibly and against her will, a child of that tender age being incapable of giving any consent which the law will recognize. Stephen v. State, 11 Ga. 238 (15). Even if the female be over the age of ten years, the presumption of capacity to consent is rebuttable. Jones v. State, 106 Ga. 365 (1) (34 S. E. 174).
2. By an act passed in 1918, illicit sexual intercourse with a female child under…
2Cases cited5 opinions
- Stephen v. StateSupreme Court of Georgia · 1852
- Griffin v. StateSupreme Court of Georgia · 1858
- Gravett v. StateSupreme Court of Georgia · 1884
- Jones v. StateSupreme Court of Georgia · 1899
- Suggs v. StateCourt of Appeals of Georgia · 1919
3Cited by11 opinions
- Wright v. StateSupreme Court of Georgia · 1937
- Gaines v. WolcottCourt of Appeals of Georgia · 1969
- Atkins v. StateSupreme Court of Georgia · 1922
- Ollis v. StateCourt of Appeals of Georgia · 1932
- Vickery v. StateCourt of Appeals of Georgia · 1934
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