Legal Opinion

Wade v. State

Court of Appeals of Georgia

Decided November 17, 1921No. 12858PublishedCited by 4 opinions

Indictment for rape; from Worth superior court — Judge Eve. August 18, 1921.

1Opinion of the CourtBroyles, C. J.

1. The accused was charged with rape and found guilty of an assault with intent to rape. The evidence showed that the female in question was under fourteen years of age. Under the ruling in Todd v. Stale, 25 Ga. App. 411 (103 S. E. 496), the court did not err in failing to instruct the jury that they could, if they saw fit, recommend that the defendant be punished as for a misdemeanor.

2. In a case where a defendant is convicted of an assault with intent to rape, it is not essential that the testimony of the female in question be corroborated. Rivers v. State, 8 Ga. App. 703 (2) (70 S. E. 50),…

2Cases cited2 opinions

  1. Todd v. StateCourt of Appeals of Georgia · 1920
  2. Rivers v. StateCourt of Appeals of Georgia · 1911

3Cited by4 opinions

  1. Atkins v. StateSupreme Court of Georgia · 1922
  2. Cunningham v. StateCourt of Appeals of Georgia · 1952
  3. Atkins v. StateCourt of Appeals of Georgia · 1922
  4. Tobin v. StateCourt of Appeals of Georgia · 1922

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