Atkins v. State

1. “ Under the provisions of the act of the General Assembly of Georgia, raising the ‘ age of consent ’ of female children to fourteen years (Ga. L. 1918, p. 259), the offense of an assault with intent to rape, when committed upon a female child over ten years old and under fourteen years of age, is not a reducible felony; that is, one convicted of such offense cannot, upon recommendation of the jury, be punished as for a misdemeanor.” Atkins v. State, 154 Ga. 540 (114 S. E. 878); Wade v. State, 27 Ga. App. 650.

2. “ In a case where a defendant is convicted of an assault with intent to rape,…