Sharpe v. State
Supreme Court of Georgia
Criminal law. Change of Court. New trial. Before Judge Harvey. Floyd Superior Court. July Term, 1872. Bib Sharpe was placed on trial for the offense of an assault with intent to rape, alleged to have been committed upon the *person of Georgia A. Watters, on March 26th, 1872. Fie pleaded not guilty. The following evidence was introduced: Georgia A. Watters, sworn: I felt something at my back; thought it was my aunt; asked who it was, but no answer was made.
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Criminal law. Change of Court. New trial. Before Judge Harvey. Floyd Superior Court. July Term, 1872. Bib Sharpe was placed on trial for the offense of an assault with intent to rape, alleged to have been committed upon the *person of Georgia A. Watters, on March 26th, 1872. Fie pleaded not guilty. The following evidence was introduced: Georgia A. Watters, sworn: I felt something at my back; thought it was my aunt; asked who it was, but no answer was made. Put my hand on the head of the person. It was a negro’s head, the hair being kinky. I screamed to my uncle that Bib Sharpe was in the…
1Opinion of the Court
*Trippe, Judge.
1. The Court, in the illustrations that were given to the jury, certainly intended them to be taken only as hypothetical instances explanatory of a legal principle, and not as reciting any -facts as proven on the trial. We doubt not the jury so understood them, and could not have been misled by them. Had they been stated as being proven by the evidence, the question would have been different. But, under the strictest rule, some freedom must be allowed a judge to explain and illustrate to a jury his meaning in a charge on legal questions, especially where such questions can thus…
2Cases cited1 opinion
- Lewis v. StateSupreme Court of Alabama · 1860
3Cited by12 opinions
- Dorsey v. StateSupreme Court of Georgia · 1899
- Cross v. StateCourt of Appeals of Georgia · 1975
- Porter v. StateSupreme Court of Georgia · 1946
- Collier v. StateSupreme Court of Georgia · 1922
- Green v. StateCourt of Appeals of Georgia · 1950
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