Legal Opinion

Smiley v. State

Court of Appeals of Georgia

Decided November 10, 1925No. 16724PublishedCited by 3 opinions

1Opinion of the CourtBroyles, C. J.

1. Upon a trial for kidnapping, under an indictment drawn under section 110 of the Penal Code of 1910, the fact that the accused was ignorant of the girl’s age, and that he believed, in good faith, and had good grounds to believe, that she was more than eighteen years of age, is no defense to the indictment. See Gravett v. State, 74 Ga. 191 (1 a); 1 Brill’s Cyclopedia of Criminal Law, § 352, and numerous cases cited.(a) Under this ruling the refusal of the court to give the requested charge set forth in the motion for a new trial was not error.

2. Conceding (but not deciding) that the…

2Cases cited1 opinion

  1. Gravett v. StateSupreme Court of Georgia · 1884

3Cited by3 opinions

  1. Tant v. StateCourt of Appeals of Georgia · 1981
  2. Veasey v. StateCourt of Appeals of Georgia · 1998
  3. Becton v. StateCourt of Appeals of Georgia · 1975

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