Propes v. State

Gardner, J.,

dissenting. 1. This court is required, under the law, to construe the evidence most strongly in favor of the verdict. Vandeviere v. State, 58 Ga. App. 18 (197 S. E. 338). In the light of the evidence of the instant case and the law applicable to it, I feel compelled to dissent. The mother, the father, the teachers, and the neighbors of the child alleged to have been assaulted, testified that her mentality ranged from that of an eight to a ten-year-old child. The mother and father testified that she received an injury to her head in infancy; that she could not cope with the…