Legal Opinion

Patrick v. State

Court of Appeals of Georgia

Decided January 25, 1944No. 30276PublishedCited by 4 opinions

1Opinion of the CourtMacIntyre, J.

“In order to authorize a conviction for the offense of assault with intent to rape, the evidence must show beyond all reasonable doubt, (1) an assault, (2) an intent to have carnal knowledge of the female, and (3) a purpose to carry into effect this intent with force and against the consent of the female. If any of these three elements is lacking, the offense is not made out.” Davis v. State, 46 Ga. App. 732, 733 (169 S. E. 203). Do the facts of this case show an assault ? If so, what injury ? They show at least an unlawful imposition of the negro’s hand upon the female in lust, which would…

2Cases cited5 opinions

  1. Goodrum v. StateSupreme Court of Georgia · 1878
  2. Jackson v. StateSupreme Court of Georgia · 1893
  3. Carter v. StateSupreme Court of Georgia · 1866
  4. Davis v. StateCourt of Appeals of Georgia · 1933
  5. Darden v. StateSupreme Court of Georgia · 1896

3Cited by4 opinions

  1. State v. LavineWashington Supreme Court · 1966
  2. Harper v. StateCourt of Appeals of Georgia · 1946
  3. Sharpe v. StateCourt of Appeals of Georgia · 1954
  4. Sharpe v. StateCourt of Appeals of Georgia · 1954

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