Atkins v. State

“The Court of Appeals desires instructions from the Supreme Court upon the following questions, a determination of which is necessary for the decision of this ease; 1. Under the provisions of the act of the General Assembly of Georgia, raising the ‘age of consent’ of female children to fourteen years (Ga. L. 1918, p. 259), is the offense of an assault with intent to rape, when committed upon a female child over ten years old and under fourteen years of age, a reducible felony? See, in this connection, Penal Code of 1910, § 1062; Todd v. State, 25 Ga. App. 411 (5), followed in Wade v. State,…