Joiner v. State
Supreme Court of Georgia
Crimina] law. New trial. Before Judge Bartlett. Jones Superior Court. October Term, 1878. Joiner was indicted for the rape of Emma Anderson, a girl eleven years and three months old. The evidence for the'state consisted in the testimony of the girl and her mother.
Read the full summary
Crimina] law. New trial. Before Judge Bartlett. Jones Superior Court. October Term, 1878. Joiner was indicted for the rape of Emma Anderson, a girl eleven years and three months old. The evidence for the'state consisted in the testimony of the girl and her mother. The former testified positively to the rape; the latter corroborated her on some points, viz : her presence at Joiner’s house on the day of the alleged crime, that she was sick and sore in the stomach and groin during the next week; that a week afterwards, when the child changed her under-clothes, some blood was found on them. It…
1Opinion of the Court
Jackson, Justice.
1. So far as the sufficiency of evidence to support the verdict is concerned, it turns on the credibility of the girl and her mother, and it was for the jury to pass upon that. It is somewhat strange that the child did not tell her mother sooner, but her failure to do so is but a circumstance from which the guilt of consent or acquiescence in the cohabitation on her own part might be inferred; and she was but eleven years old and had not arrived at years of puberty, and in fact had not attained the menstrual age when it is believed that passion or sexual desire moves a…
2Cases cited1 opinion
- Stephen v. StateSupreme Court of Georgia · 1852
3Cited by4 opinions
- Barker v. StateSupreme Court of Florida · 1898
- Jones v. StateSupreme Court of Georgia · 1899
- Houston v. StateSupreme Court of Georgia · 1938
- Swink v. StateSupreme Court of Georgia · 1969