Mitchell v. State
Court of Appeals of Georgia
Indictment for assault with intent to rape, from Thomas superior court — Judge Roan. May 1, 1909. The plaintiff in error was indicted for assault with intent to commit rape, and was convicted of assault and battery.
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Indictment for assault with intent to rape, from Thomas superior court — Judge Roan. May 1, 1909. The plaintiff in error was indicted for assault with intent to commit rape, and was convicted of assault and battery. The indictment against him is in the following language (omitting merely formal parts) : “charge and accuse W. H. Mitchell, of the county and State aforesaid, with the offense of assault with intent to commit rape, for that the said W. H. Mitchell, in the county aforesaid, on the 24th day of September, in the year of our Lord, 1908, with force and arms, and unlawfully, did attempt…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1-2. The demurrer to the indictment was very properly overruled. It is wholly lacking in merit, under well-established rules of criminal pleading as laid down by all criminal-law writers, and under repeated rulings of the Supreme Court. It is true that separate and distinct offenses can not be embraced in one count in the same indictment, — as, for instance, burglary and perjury, larceny and assault and battery, — but it is well settled that offenses of the same nature and differing only in degree may be joined in one count in the same indictment; and it is…
2Cases cited10 opinions
- Long v. StateSupreme Court of Georgia · 1852
- Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
- Johnson v. StateSupreme Court of Georgia · 1853
- Goldin v. StateSupreme Court of Georgia · 1898
- Sutton v. StateSupreme Court of Georgia · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Henderson v. StateSupreme Court of Georgia · 1970
- Chester v. StateSupreme Court of Georgia · 1992
- Commercial Casualty Insurance v. MathewsCourt of Appeals of Georgia · 1938
- State v. WilliamsSupreme Court of Georgia · 1981
- McDaniel v. StateCourt of Appeals of Georgia · 1946
18 more not listed; retrieve them via the Exa API.