Smith v. State
Supreme Court of Georgia
‘Evidence. Criminal Law. Rape. Verdict. Before Judge Richard H. Clark. Fulton Superior Court. September Term, 1885. Charles K. Smith was indicted for assault with intent to rape, charged to have been committed upon Mrs. John T. Elliott. The testimony is sufficiently stated in the second division of the decision. The defendant was found guilty and recommended to mercy.
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‘Evidence. Criminal Law. Rape. Verdict. Before Judge Richard H. Clark. Fulton Superior Court. September Term, 1885. Charles K. Smith was indicted for assault with intent to rape, charged to have been committed upon Mrs. John T. Elliott. The testimony is sufficiently stated in the second division of the decision. The defendant was found guilty and recommended to mercy. He moved for a new trial on the following among other grounds : (1.) Because the verdict was contrary to law and evidence. (2.) Because the court rejected, when offered in evidence, a letter addressed to the defendant and.signed…
1Opinion of the Court
Hall, Justice.
Irrespective of the other errors assigned upon the charge of the court, we are of opinion that this case is controlled by two questions made in the motion for a new trial, viz :
(1.) That the verdict is without evidence to support it, and is consequently contrary to law.
(2.) Because the court erred in rejecting as evidence a letter, dated September 6, 1885, and forwarded by the party alleged to have been assaulted by the hands of one Latham, who was an illiterate man, and who identified the paper, from certain marks on it, as the one sent by him to the defendant.
Two other…
2Cases cited2 opinions
- Camp v. StateSupreme Court of Georgia · 1847
- Innis v. StateSupreme Court of Georgia · 1871
3Cited by13 opinions
- Dorsey v. StateSupreme Court of Georgia · 1948
- Bone v. StateSupreme Court of Georgia · 1890
- Davis v. StateSupreme Court of Georgia · 1904
- Harper v. StateSupreme Court of Georgia · 1946
- Lee v. StateSupreme Court of Georgia · 1943
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