Johnson v. State
Supreme Court of Georgia
Indictment for rape. Before Judge Boan. Fulton superior court. January 26, 1907. Tbe defendant was convicted of rape, and moved for a new trial, which, was refused, and he complains in his bill of exceptions that the court erred in overruling his motion for a new trial.
Read the full summary
Indictment for rape. Before Judge Boan. Fulton superior court. January 26, 1907. Tbe defendant was convicted of rape, and moved for a new trial, which, was refused, and he complains in his bill of exceptions that the court erred in overruling his motion for a new trial. On the trial Mrs. Hembree testified, that on the morning of August 15, 1906, between six and seven o’clock, the defendant met her on the road, about a quarter of a mile from her residence, and asked her to give him her pocket-book, which she did at once. He took the money out of it and threw the pocket-book away. He then…
1DissentCobb, P. J.
I can not concur in a judgment of affirmance in this case. The record discloses the commission of one of the most atrocious crimes known to law. The fact that the crime was committed can not be doubted. The sole question at the trial was as to the identity of the perpetrator. Upon this question the prosecutrix testified that she could identify the accused as her assailant. Upon the question of identity all persons, even the most conscientious and scrupulous individuals, are sometimes mistaken. The accused stated that he was not at the scene of the crime, but was at home, a mile and a half…
2Cases cited2 opinions
- Cooper v. StateSupreme Court of Georgia · 1893
- Mathews v. StateSupreme Court of Georgia · 1876