Webb v. State
Court of Appeals of Georgia
Indictment for assault witli intent to rape — conviction of assault and battery; from Milton superior court — Judge Morris. September 23, 1911. The requests to charge, the refusal of wbicb was assigned as error, related to the presumption of innocence, the degree of proof required, and reasonable doubt.
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Indictment for assault witli intent to rape — conviction of assault and battery; from Milton superior court — Judge Morris. September 23, 1911. The requests to charge, the refusal of wbicb was assigned as error, related to the presumption of innocence, the degree of proof required, and reasonable doubt. As to the presumption of innocence the following instruction was requested: “In all criminal cases the defendant is presumed to be innocent until the contrary appears by proof, and the presumption of innocence remains about him until the State legally and satisfactorily shows his guilt beyond…
1Opinion of the CourtRussell, J.
There is evidence as to the identity of the accused which authorizes the conclusion reached by the jury, and this court is without jurisdiction to disturb their finding upon disputed issues of fact. None of the special assignments of error are of sufficient mex'it to warrant a reversal of the judgment refusing a new trial. It is not made to appear that any one of the matters of which complaint is made could have prejudiced the accused, or have contributed to the verdict against him. It is plain that the ease depended entirely upon the identification of an assailant who was unknown to the…
2Cited by5 opinions
- Carter v. StateCourt of Appeals of Georgia · 1944
- Mauldin v. StateCourt of Appeals of Georgia · 1919
- McKibben v. StateCourt of Appeals of Georgia · 1939
- Rowell v. WoodardCourt of Appeals of Georgia · 1923
- Rowell v. WoodardCourt of Appeals of Georgia · 1923