Legal Opinion

Horton v. State

Court of Appeals of Georgia

Decided January 28, 1947No. 31450PublishedCited by 5 opinions

1Opinion of the CourtMacIntyre, J.

A conviction of assault with intent to rape will not stand unless the evidence plainly discloses that the assault was made with intent to have sexual connection forcibly and against the will of the female involved. Dorsey v. State, 108 Ga. 477 (1) (34 S. E. 135). Where the female is under the age of consent, it will be presumed that the intercourse, or an intent to engage therein, was forcible and against her will. Williams v. State, 15 Ga. App. 306, 308 (82 S. E. 938). Therefore, the only real question in this case is whether the accused intended to attempt sexual connection. If he did,.the…

2Cases cited7 opinions

  1. Dorsey v. StateSupreme Court of Georgia · 1899
  2. Goodrum v. StateSupreme Court of Georgia · 1878
  3. Reddick v. StateCourt of Appeals of Georgia · 1912
  4. Williams v. StateCourt of Appeals of Georgia · 1914
  5. Hester v. StateCourt of Appeals of Georgia · 1924

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Williams v. StateCourt of Appeals of Georgia · 1966
  2. Smith v. StateCourt of Appeals of Georgia · 1952
  3. Moody v. StateCourt of Appeals of Georgia · 1954
  4. State v. CollinsSupreme Court of Georgia · 1998
  5. State v. CollinsSupreme Court of Georgia · 1998

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