Darden v. State
Supreme Court of Georgia
Indictment for assault to rape. Before Judge Griggs. Randolph superior court. November term, 1895. The plaintiff in error was convicted of assault with intent to rape. He moved on the general grounds for a new trial, .and his motion was overruled. He is a negro, and the ■woman on whom the assault was alleged to have been committed was a white girl of twenty years.
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Indictment for assault to rape. Before Judge Griggs. Randolph superior court. November term, 1895. The plaintiff in error was convicted of assault with intent to rape. He moved on the general grounds for a new trial, .and his motion was overruled. He is a negro, and the ■woman on whom the assault was alleged to have been committed was a white girl of twenty years. According to her ■testimony, she was sleeping in her bedroom and was .awakened about midnight by the cover moving on her bed. She did not rise immediately, and the cover moved twice more; whereupon she became thoroughly awake and…
1Opinion of the CourtAtkinson, J.
Following the decision of this court in Jackson v. The State, 91 Ga. 322, the evidence was sufficient to authorize the jury to convict the accused of an assault with intent to commit rape, and the trial judge did not abuse his discretion in refusing to grant a new trial. Judgment affirmed.
Arthur Hood, for plaintiff in error. John R. Irwin? solicitor-general, by W. M. Harper, contra.
2Cases cited1 opinion
- Jackson v. StateSupreme Court of Georgia · 1893
3Cited by7 opinions
- McCullough v. StateCourt of Appeals of Georgia · 1912
- Davis v. StateCourt of Appeals of Georgia · 1933
- Green v. StateCourt of Appeals of Georgia · 1950
- Patrick v. StateCourt of Appeals of Georgia · 1944
- Pickett v. StateCourt of Appeals of Georgia · 1936
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