Echols v. State
Supreme Court of Georgia
Indictment for rape. Before Judge Wright. Floyd superior court. December 3, 1921. The defendant was convicted of rape, with a recommendation to mercy; and he excepted to a judgment refusing his motion for a new trial.
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Indictment for rape. Before Judge Wright. Floyd superior court. December 3, 1921. The defendant was convicted of rape, with a recommendation to mercy; and he excepted to a judgment refusing his motion for a new trial. The indictment contained only one count, which alleged that the defendant did, in the county of the jurisdiction, on a named date, “ in and upon one Nellie May Bennett, a female, . . wilfully, feloniously, and violently make an assault, and did then and there forcibly and against her will feloniously ravish and carnally know her, the said Nellie May Bennett, contrary to the…
1Per curiam
One ground of the motion for new trial complains that after the court had instructed the jury as to the law of rape committed forcibly and against the will of the female as alleged in the indictment, he proceeded: “ But I charge you further, j'ou may look and see what the age of the party alleged to have been ravished was; and if you find she was under fourteen years of age, to make the offense rape it does not have to be done forcibly and against her will, but if the defendant had sexual intercourse with her at all, with her consent or without her consent, if he had carnal knowledge of her…
2Cases cited3 opinions
- Stephen v. StateSupreme Court of Georgia · 1852
- Gosha v. StateSupreme Court of Georgia · 1876
- McMath v. StateSupreme Court of Georgia · 1875
3Cited by17 opinions
- Haden v. StateSupreme Court of Georgia · 1933
- Wright v. StateSupreme Court of Georgia · 1937
- Post v. StateSupreme Court of Georgia · 1946
- McFall v. StateSupreme Court of Georgia · 1975
- Latimer v. StateSupreme Court of Georgia · 1939
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