Seymour v. State
Supreme Court of Georgia
Indictment for rape. Before Judge Gober. Catoosa superior court. August term, 1897. The plaintiff in error, a man of sixty years, was indicted for rape alleged to have been committed upon a child of nine years. The jury found him guilty of an assault, and his. motion for a new trial was overruled. There was testimony that he attempted to engage in sexual intercourse with the-child.
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Indictment for rape. Before Judge Gober. Catoosa superior court. August term, 1897. The plaintiff in error, a man of sixty years, was indicted for rape alleged to have been committed upon a child of nine years. The jury found him guilty of an assault, and his. motion for a new trial was overruled. There was testimony that he attempted to engage in sexual intercourse with the-child. He proved a good character; and one witness on his behalf testified that the character of the child was bad. A number of witnesses, on the other hand, testified that her character was good and they would believe…
1Opinion of the CourtSimmons, C. J.
Good character is a substantive fact, like any other fact tending to establish the defendant’s innocence, and ought to be so regarded by court and jury. Shropshire v. The State, 81 Ga. 591. “No matter how conclusive the other testimony may appear to be, the character of the accused may be such as to create a doubt in the minds of the jury, and lead them to believe, in view of the improbabilities that a person of such character would be guilty of the offense charged, that the other evidence in the case is false, or the witnesses mistaken.” Rice, Evid. Grim. § 371. Evidence of good character is…
2Cases cited4 opinions
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Shropshire v. StateSupreme Court of Georgia · 1888
- Weston v. CommonwealthSupreme Court of Pennsylvania · 1886
- Mathews v. StateSupreme Court of Georgia · 1876
3Cited by45 opinions
- Waters v. StateSupreme Court of Georgia · 1981
- Spear v. StateSupreme Court of Georgia · 1973
- Edwards v. StateSupreme Court of Georgia · 1975
- Keller v. StateSupreme Court of Georgia · 1980
- Hagood v. StateCourt of Appeals of Georgia · 1908
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