Goodrum v. State
Supreme Court of Georgia
Criminal law. Husband and wife. Witness. Practice in the Superior Court. New trial. Practice in the Supreme Court. Before Judge Pottle. Madison Superior Court.
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Criminal law. Husband and wife. Witness. Practice in the Superior Court. New trial. Practice in the Supreme Court. Before Judge Pottle. Madison Superior Court. March Term, 1877. The motion for a new trial was based upon the following grounds: 1st. Because the court erred in ruling out the evidence of W. P. Smith, the husband of prosecutrix, of ils own motion, after he had been examined by defendant’s counsel and- turned over to the state, such testimony having been admitted without objection. 2d. Because the court erred in refusing to allow said Smith to testify as to whether, on the night of…
1Opinion of the Court
Bleckley, Judge.
1. If to put the arm, though tenderly, about the neck of another man’s wife, against her will, is not an assault and battery, what is it? Surely, the matrons of the land are not exposed to such an indignity at the pleasure of every libertine who, with no check from the law, may be rude and reckless enough to insult their virtue! If it be said that it is a bare trespass, and that redress may be had in a civil action for the tort, is there, in the whole law, an instance of trespass by wilfully touching the person of another, which is not, at the very least, an assault and…
2Cases cited3 opinions
- Hill v. StateSupreme Court of Georgia · 1871
- Moody v. DavisSupreme Court of Georgia · 1851
- Jackson v. JacksonSupreme Court of Georgia · 1869
3Cited by42 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Mercer v. StateSupreme Court of Florida · 1898
- Lynch v. CommonwealthSupreme Court of Virginia · 1921
- Interstate Life & Accident Co. v. BrewerCourt of Appeals of Georgia · 1937
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