Legal Opinion

Hollins v. State

Mississippi Supreme Court

Decided October 15, 1921No. 21965PublishedCited by 6 opinions

Abpka'l from circuit court of Sunflower county. Hon. S. F. Davis, Judge. George Hollins was convicted of rape, and sentenced to the penitentiary, and he appeals.

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Abpka'l from circuit court of Sunflower county. Hon. S. F. Davis, Judge. George Hollins was convicted of rape, and sentenced to the penitentiary, and he appeals. We submit that the peremptory instruction should have been given to the defendant in the trial court, and that when this question is settled this whole case is practically settled and Ave base our contention on the grounds as follows, to-wit: 1. The indictment alleges and the material parts thereof are as follows, to-wit: A. That the defendant did unlaAvfully, knowingly and feloniously have carnal knowledge of by having sexual…

1Opinion of the CourtAnderson, J.

The appellant was indicted and convicted in the circuit court of Sunflower county of the rape of Katie Lou Lee, and sentenced to the peniteentiary for one year, from which judgment he prosecutes this appeal.

The indictment and conviction was under chapter 171, Laws of 1914 (Hemingway’s Code, sections 1093 to 1095, inclusive), known as “the age of consent” statute. The statute is in this language:

“An act to fix the ‘age of consent’ at eighteen years.
“Section 1. Be it enacted by the legislature of the state of Mississippi, that any male person who shall have carnal knowledge of any unmarried…

2Cases cited5 opinions

  1. Mayor of Jackson v. StateMississippi Supreme Court · 1912
  2. Ferguson v. StateMississippi Supreme Court · 1894
  3. Lang v. Board of SupervisorsMississippi Supreme Court · 1917
  4. Heidelberg v. Batson MayorMississippi Supreme Court · 1919
  5. State v. BradfordMississippi Supreme Court · 1921

3Cited by6 opinions

  1. Trainer v. StateMississippi Supreme Court · 2006
  2. Yancey v. StateMississippi Supreme Court · 1947
  3. Gillis v. StateMississippi Supreme Court · 1929
  4. Grogan v. StateMississippi Supreme Court · 1928
  5. Howard v. StateMississippi Supreme Court · 1982

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