Ford v. State
Supreme Court of Georgia
Indictment for burglary. Before Judge Fish. Sumter superior court. May term, 1896. Tire burglary was done in April, 1896. The motion for new trial was upon the grounds that the verdict was -contrary to law and evidence; and be'cause of newly discovered evidence. In support of the last ground movant produced two- affidavits: (1) -Henrietta Reese: She is personally acquainted with defendant, and was personally acquainted with Ms m-olther in her life.
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Indictment for burglary. Before Judge Fish. Sumter superior court. May term, 1896. Tire burglary was done in April, 1896. The motion for new trial was upon the grounds that the verdict was -contrary to law and evidence; and be'cause of newly discovered evidence. In support of the last ground movant produced two- affidavits: (1) -Henrietta Reese: She is personally acquainted with defendant, and was personally acquainted with Ms m-olther in her life. Defendant was born in March, ■1889, and deponent has continuously kniown him and is ■certain as to his age. (2) Queen Smith: "Was present when the…
1Opinion of the CourtAtkinson, J.
1. A person, under the age -of ten years is incapable ■ of committing any criminal offense. Penal Code, §34. A person between the ages of ten and fourteen years cannot he lawfully convicted of a crime or misdemeanor, unless it appears from the evidence -thart; he was capax doli, and the burden of proving -that he was so rests upon the State. Penal Code, §33, and cases cited.
2. It being doubtful under the evidence introduced in the present case whether the accused was above the -age of ten at the time the alleged offense was committed, and certain that he had not then attained the age of…
2Cited by15 opinions
- Adams v. StateSupreme Court of Georgia · 2011
- Riggs v. WatsonCourt of Appeals of Georgia · 1948
- Wilson v. StateSupreme Court of Georgia · 2021
- State v. ElbertSupreme Court of Connecticut · 1932
- Brown v. StateCourt of Appeals of Georgia · 1913
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