Legal Opinion

Gore v. State

Supreme Court of Georgia

Decided February 12, 1904PublishedCited by 32 opinions

Indictment for rape. Before Judge Henry. Floyd superior ■court. November 16, 1903.

1Opinion of the CourtCobb, J.

“ Rape is the carnal knowledge of a female forcibly and against her will.” Penal Code, § 93. This is the common-law definition as given by Blackstone. 4 Bl. 210; 2 Bish. New Crim. L. § 1113 (2). Rape as thus defined was an offense at common law. English statutes were enacted making the offense penal, but these have been treated as simply declaratory of the common law. Various definitions of the offense have been given. A number of these are collected in an article in 13 Criminal Law Magazine, page 503, the author of which puts into the following definition the various elements of the several…

2Cases cited5 opinions

  1. McQuirk v. StateSupreme Court of Alabama · 1887
  2. Crosswell v. PeopleMichigan Supreme Court · 1865
  3. State v. WilliamsSupreme Court of Missouri · 1899
  4. State v. TarrSupreme Court of Iowa · 1869
  5. Payne v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by32 opinions

  1. Drake v. StateSupreme Court of Georgia · 1977
  2. State v. CrouchSupreme Court of Iowa · 1906
  3. Rahke v. StateIndiana Supreme Court · 1907
  4. Smith v. StateSupreme Court of Georgia · 1925
  5. Hardy v. StateCourt of Appeals of Georgia · 1981

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