Legal Opinion

Kelsey v. State

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 24 opinions

Criminal law. Rape. Before Judge Hillyer. Fulton Superior Court. April Term, 1878. Kelsey was placed upon trial for the offense of rape alleged to have been committed upon the person of Alice Kennedy. He pleaded not guilty. The evidence showed that intercourse was had between the parties, the points of contest being whether the defendant used force, or whether the transaction was with the consent of Miss Kennedy.

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Criminal law. Rape. Before Judge Hillyer. Fulton Superior Court. April Term, 1878. Kelsey was placed upon trial for the offense of rape alleged to have been committed upon the person of Alice Kennedy. He pleaded not guilty. The evidence showed that intercourse was had between the parties, the points of contest being whether the defendant used force, or whether the transaction was with the consent of Miss Kennedy. The jury found the defendant guilty of an assault with intent to commit rape. He moved for a new trial because the verdict was contrary to law and evidence. The motion was overruled…

1Opinion of the Court

Bleckley, Justice.

Miss Kennedy was the only witness whose testimony went directly to the criminal act. If she is to be believed, the carnal knowledge was realized, forcibly and against *559her will. There is absolutely no evidence of an unsuccessful attempt — of a mere assault with intent to commit a rape. The circumstances detailed by the witness being all considered, there is more room to doubt upon the point of force and consent than there is upon the fact of accomplished intercourse. The transaction was continuous, from the first overtures made on the occasion, to the consummation of the…

2Cited by24 opinions

  1. Roach v. StateSupreme Court of Georgia · 1966
  2. Dutton v. StateSupreme Court of Georgia · 1972
  3. Brantley v. StateSupreme Court of Georgia · 1909
  4. Crosby v. StateSupreme Court of Georgia · 1974
  5. Scott v. StateCourt of Appeals of Georgia · 1977

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