Sutton v. State
Supreme Court of Georgia
Indictment for assault with intent to rape. Before Judge Speuce. Decatur superior court. March 6, 1905. . The accused, O. N. Sutton, was tried under an indictment charging him with the offense of assault with intent to rape. The following verdict was rendered: “We, the jury, find the defendant guilty, and recommend him to extreme mercy.” The judge disregarded the recommendation, and sentenced the accused to ten years in the penitentiary.
Read the full summary
Indictment for assault with intent to rape. Before Judge Speuce. Decatur superior court. March 6, 1905. . The accused, O. N. Sutton, was tried under an indictment charging him with the offense of assault with intent to rape. The following verdict was rendered: “We, the jury, find the defendant guilty, and recommend him to extreme mercy.” The judge disregarded the recommendation, and sentenced the accused to ten years in the penitentiary. Sutton filed a motion for a new trial, which was overruled, and he excepted. The girl alleged to have been assaulted testified, in substance, that on the…
1Opinion of the CourtCandler, J.
(After stating the foregoing facts.) The first five grounds of the amendment to the motion for a new trial raise practically the same point, and complain of the failure of the court below to give in charge the law relating to the offense of assault or assault and battery. After a very careful reading of the brief of evidence we have reached the conclusion that these offenses were necessarily involved in the case, and that the *127court should have elucidated them in charging the jury. The contention of' counsel for the State, that as the accused denied making an assault of any character he was…
2Cases cited2 opinions
- Jordan v. StateSupreme Court of Georgia · 1903
- Tiller v. StateSupreme Court of Georgia · 1897
3Cited by20 opinions
- Moore v. StateSupreme Court of Georgia · 1921
- State v. WilsonWyoming Supreme Court · 1924
- Fields v. StateCourt of Appeals of Georgia · 1907
- Randall v. StateCourt of Appeals of Georgia · 1945
- Bell v. FitzCourt of Appeals of Georgia · 1951
15 more not listed; retrieve them via the Exa API.