Morris v. State
Supreme Court of Georgia
Criminal law. Rape. Before Judge Clark.- Lee Superior Court. November Term, 1874. The court, in this case, was requested to charge the jury that before the defendant could be convicted of the crime of rape, they ought to be satisfied from the evidence that the vagina was entered; that the mere entering the vulva would not be a sufficient penetration if the vagina was intact and not penetrated in the least.
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Criminal law. Rape. Before Judge Clark.- Lee Superior Court. November Term, 1874. The court, in this case, was requested to charge the jury that before the defendant could be convicted of the crime of rape, they ought to be satisfied from the evidence that the vagina was entered; that the mere entering the vulva would not be a sufficient penetration if the vagina was intact and not penetrated in the least. The court refused thus to charge, but instructed the jury that slight penetration was sufficient to complete the crime. Exception was taken to the charge and refusal to charge. The…
1Opinion of the Court
McCay, Judge.
"Whatever may have been the ancient rule upon this subject, based as it was upon untrue philosophical notions as to certain necessities of- true sexual intercourse, that rule has entirely given way to what is now known to be the truth, that very slight penetration is necessary even for the begetting of a child: R. vs. Hughs, 2 M. C. C., 190; R. vs. Champlin, C. & K., 746. See, also, Rapen’s case, 1 East, P. C., 498.
Judgment affirmed.
2Cited by11 opinions
- Payne v. StateSupreme Court of Georgia · 1974
- Marvin Roberts v. A. L. Dutton, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1966
- Lee v. StateSupreme Court of Georgia · 1943
- Poe v. StateSupreme Court of Arkansas · 1910
- Porter v. StateSupreme Court of Georgia · 1946
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