Johnson v. State
Supreme Court of Georgia
Indictment for rapo, in Heard Superior Court. Tried before Judge Hill, April Term, 1853. This was an indictment, containing two counts: The first in the usual form, for the offence of rape on Susan Stallings.
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Indictment for rapo, in Heard Superior Court. Tried before Judge Hill, April Term, 1853. This was an indictment, containing two counts: The first in the usual form, for the offence of rape on Susan Stallings. The second count charged the defendant with an assault with intent to commit a rape ; but in the stating part, it alleged, that the defendant “ violently and feloniously did make an assault on her, the said Susan Stallings, and then and there, forcible and against her will, her the said Susan Stallings, violently and feloniously did attempt to ravish,” &c. On this indictment, defendant…
1Opinion of the Court
By the Gourt.
Lumpkin, J.
delivering the opinion.
[1.] The first ground which we shall consider in this case,is the motion made to arrest the judgment: 1st. Because the indictment contains no charge for an assault with intent to5 commit a rape; and 2ndly. Because there is no charge in the bill of indictment to support the verdict.
There are two counts in the indictment. The first alleges, that the prisoner, “ with force and arms, on and upon one Susan Stallings, violently and feloniously did make an assault, and her, the said Susan Stallings, did forcible and against her will, ravish and carnally…
2Cases cited2 opinions
- Harris v. Doe, on the Demise of BarnettIndiana Supreme Court · 1837
- Emanuel & Barnett v. CockeCourt of Appeals of Kentucky · 1838
3Cited by44 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Taylor v. StateSupreme Court of Georgia · 1904
- State v. MarrenIdaho Supreme Court · 1910
- Keller v. StateSupreme Court of Georgia · 1897
- Moon v. StateSupreme Court of Georgia · 1882
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