Morrow v. State
Court of Appeals of Georgia
Indictment for assault with intent to rape; from Haralson superior court — Judge Price Edwards. April 5, 1913. Morrow was indicted for rape and was convicted of assault with intent to commit rape. He made a motion for a new trial, based upon the general grounds and upon numerous special grounds, the overruling of which is assigned as error. The evidence, substantially stated, is as follows: The accused was 63 years of age.
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Indictment for assault with intent to rape; from Haralson superior court — Judge Price Edwards. April 5, 1913. Morrow was indicted for rape and was convicted of assault with intent to commit rape. He made a motion for a new trial, based upon the general grounds and upon numerous special grounds, the overruling of which is assigned as error. The evidence, substantially stated, is as follows: The accused was 63 years of age. The female alleged to have been assaulted was in her fifteenth year.' The girl gives the following account of the occurrence: “I saw Mr. B. R. Morrow, the defendant in this…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts).
'1. We will first consider the case on the assumption that the girl alleged to have been assaulted was of sound memory and discretion in a legal sense, mentally capable of understanding and consenting to the sexual act, for the purpose of determining if the facts show the commission of the crime for which the accused was convicted. Eape is defined by the Penal .Code, § 93, as “the carnal knowledge of a female, forcibly and against her will.” This definition is taken from the common law, and the definition is substantially the same in every country where the…
2Cases cited6 opinions
- Stephen v. StateSupreme Court of Georgia · 1852
- Gosha v. StateSupreme Court of Georgia · 1876
- Gore v. StateSupreme Court of Georgia · 1904
- Vanderford v. StateSupreme Court of Georgia · 1906
- Smith v. StateSupreme Court of Georgia · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Drake v. StateSupreme Court of Georgia · 1977
- Ely v. StateCourt of Appeals of Georgia · 1989
- State v. CoslerIdaho Supreme Court · 1924
- Smith v. StateSupreme Court of Georgia · 1925
- Overton v. StateSupreme Court of Georgia · 1973
8 more not listed; retrieve them via the Exa API.