Legal Opinion

Davis v. State

Supreme Court of Georgia

Decided December 13, 1921No. 2389PublishedCited by 13 opinions

Indictment for rape. Before Judge Blair. Cobb superior court. December 31, 1920. I. A. Davis was tried for the offense of rape alleged to have been committed on the person of Lncile Bryant. The jury returned a verdict of guilty, and recommended the defendant to the mercy of the court. A motion for new trial was made on the general grounds that the verdict was contrary to law and the evidence and without evidence to support it, etc.

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Indictment for rape. Before Judge Blair. Cobb superior court. December 31, 1920. I. A. Davis was tried for the offense of rape alleged to have been committed on the person of Lncile Bryant. The jury returned a verdict of guilty, and recommended the defendant to the mercy of the court. A motion for new trial was made on the general grounds that the verdict was contrary to law and the evidence and without evidence to support it, etc. No other grounds were added by amendment to the motion for new trial; and the case coming on to be heard, the trial judge denied the motion and refused a new…

1Opinion of the CourtAtkinson, J.

1. The sole question for consideration is whether the evidence was sufficient to support the verdict finding the defendant guilty of rape. The act of 1918 (Acts 1918, p. 259), making it unlawful for a person to have sexual intercourse with any female child under the age of fourteen (14) years, unless such person shall have previously become lawfully married to such female child, has no relevancy to the case, because the injured female was not “ under ” the age of 14 years, she being within two months of 15 years of age at the time of the alleged injury.

Bape is the carnal knowledge of a…

2Cases cited8 opinions

  1. Taylor v. StateSupreme Court of Georgia · 1900
  2. Bailey v. CommonwealthSupreme Court of Virginia · 1886
  3. Jones v. StateSupreme Court of Georgia · 1892
  4. Vanderford v. StateSupreme Court of Georgia · 1906
  5. Simmons v. StateSupreme Court of Georgia · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State Ex Rel. Morgan v. TrentWest Virginia Supreme Court · 1995
  2. State v. JordanSupreme Court of Rhode Island · 1987
  3. Merritt v. StateSupreme Court of Georgia · 1940
  4. Vickery v. StateCourt of Appeals of Georgia · 1934
  5. Wilkie v. StateSupreme Court of Georgia · 1925

8 more not listed; retrieve them via the Exa API.

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