Jackson v. State
Supreme Court of Georgia
Before Judge Bower. Decatur superior court. May-term, 1892. This was a conviction of assault with intent to rape. A new trial was denied, and the defendant excepted. There was testimony to the effect, that he went in the evening to the house of Hopson on an errand, finished his business and started off, and Hopson thought he-was gone. Hopson and his family retired to bed, his daughter Alice, with her younger sister, sleeping in another room.
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Before Judge Bower. Decatur superior court. May-term, 1892. This was a conviction of assault with intent to rape. A new trial was denied, and the defendant excepted. There was testimony to the effect, that he went in the evening to the house of Hopson on an errand, finished his business and started off, and Hopson thought he-was gone. Hopson and his family retired to bed, his daughter Alice, with her younger sister, sleeping in another room. About twelve o’clock Alice was waked by the defendant calling her name, and found him sitting on the foot of her bed; she sprang up calling her father;,…
1Opinion of the Court
Bleckley, Chief Justice.
1. As defined by the code, §4357, an assault is an attempt to commit a violent injury on the person of another. Where a rape is intended, the injury contemplated can be inflicted only by actual contact of the sexual organs of the. man with those of the woman. In order for an assault 'with intent to rape to be committed, is it necessary that the persons of the two should be in such proximity as that the organs of the male shall be within what may be termed “striking distance” of the organs of the female ? Or, is the virile member to be treated as a gun which is harmless…
2Cited by25 opinions
- Pumphrey v. StateSupreme Court of Alabama · 1908
- United States v. Mack J. BryantCourt of Appeals for the D.C. Circuit · 1969
- Dorsey v. StateSupreme Court of Georgia · 1899
- Goldin v. StateSupreme Court of Georgia · 1898
- People v. McIlvainCalifornia Court of Appeal · 1942
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