Camp v. State
Supreme Court of Georgia
Indictment for an assault with intent to commit a rape. Tried before Judge Dougherty. In Gwinnett Superior Court. March Term, 1847. The prisoner was convicted, and a motion made for new trial, and also in arrest of judgment. For the grounds in support of each of these motions, and the questions made, the reader is referred to the-opinion delivered by the Supreme Court.
Read the full summary
Indictment for an assault with intent to commit a rape. Tried before Judge Dougherty. In Gwinnett Superior Court. March Term, 1847. The prisoner was convicted, and a motion made for new trial, and also in arrest of judgment. For the grounds in support of each of these motions, and the questions made, the reader is referred to the-opinion delivered by the Supreme Court. In reference to the ground for new trial, predicated upon that part of the charge of the Court to the jury, ruling that the testimony of the witness for the prisoner as to the want of chastity of Cynthia Emeliue Davis, upon…
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
[1.] The first exception in this case, is founded on the refusal of the Court to grant a new trial, because the indictment does not charge the offence to have been committed “ violently and feloniously.”
The indictment charges the offence substantially in the language of the code defining it, and that is sufficient. “Rape is the carnal knowledge of a female, forcibly and against her will.” Hotchk. 709. An attempt to commit a rape, the offence for which the defendant was indictéd, is an attempt to know a female forcibly and against her will. Our…
2Cited by34 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- Andrews v. StateSupreme Court of Georgia · 1943
- Lipham v. StateSupreme Court of Georgia · 1906
- Fields v. StateCourt of Appeals of Georgia · 1907
- Smiley v. StateSupreme Court of Georgia · 1923
29 more not listed; retrieve them via the Exa API.