Fronebarger v. State
Court of Appeals of Georgia
Indictment for assault with intent to rape; conviction of assault; from Cherokee superior court — Judge Blair. June 18, 1921. The indictment charged that the defendant made an assault upon a named female and attempted to have carnal knowledge-of her forcibly and against her will.
Read the full summary
Indictment for assault with intent to rape; conviction of assault; from Cherokee superior court — Judge Blair. June 18, 1921. The indictment charged that the defendant made an assault upon a named female and attempted to have carnal knowledge-of her forcibly and against her will. The woman testified, that the defendant came to her home in the absence of her husband, and, when told that her husband would be back pretty soon, he walked up behind her and cursed and said, “ Oh, hell, he will stay a long time, and I am going to have my way now,” and he grabbed her; she told him she “wouldn’t,” but…
1Opinion of the CourtBroyles, C. J.
1. It is well settled that upon the trial of one' charged with assault with intent to rape, where the undisputed evidence shows that if any offense was committed it was either assault with intent to rape or assault and battery, a verdict finding the defendant guilty of a mere assault is contrary to the law and the evidence. Harris v. *608State, 3 Ga. App. 457 (60 S. E. 127); Owens v. State, 9 Ga. App. 441 (2) (71 S. E. 680).
Decided November 16, 1921. Indictment for assault with intent to rape; conviction of assault; from Cherokee superior court — Judge Blair. June 18, 1921. The indictment charged…
2Cases cited4 opinions
- Goodrum v. StateSupreme Court of Georgia · 1878
- Owens v. StateCourt of Appeals of Georgia · 1911
- Harris v. StateCourt of Appeals of Georgia · 1908
- Carter v. StateCourt of Appeals of Georgia · 1909
3Cited by4 opinions
- Sheffield v. StateCourt of Appeals of Georgia · 1971
- Brooking v. StateCourt of Appeals of Georgia · 1924
- Simmons v. StateCourt of Appeals of Georgia · 1927
- Sheffield v. StateCourt of Appeals of Georgia · 1971