Legal Opinion

McCombs v. State

Supreme Court of Georgia

Decided August 14, 1918No. 757PublishedCited by 2 opinions

Indictment for rape. Before Judge Terrell. Coweta superior court. December 8, 1917.

1Opinion of the CourtHill, J.

1. On the trial of one charged with the rape of a girl twelve years old, it was not error, as against any objection urged, to charge the jury: “Consider the stature, the constitution, the physical and mental development of the female, and determine whether or not the evidence shows that she was between the age of ten and fourteen, whether she was or not incapable of consenting to the act of sexual intercourse, if sexual intercourse was in point of fact had; and if you find she wag a child in stature, constitution, and physical and mental development, and that she was incapable of consenting,…

2Cited by2 opinions

  1. Mitchell v. StateSupreme Court of Georgia · 1940
  2. Houston v. StateSupreme Court of Georgia · 1938

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