Byrd v. State

Bell, Justice.

Ralph Byrd was convicted of the offense of rape, and recommended to the mercy of the court. His motion for new trial was overruled, and he excepted. It appearing that the female had attained the age of eighteen years, the prosecution was based upon the theory of actual want of consent, and did not involve the act of July 31, 1918, fixing the age of consent at fourteen years. Code, §§ 26-1301, 26-1302, 26-1303; Ga. L. 1918, p. 259.

■ The testimony of the female, who may hereafter be referred to as the prosecutrix, was substantially as follows: She was 18 years of age and resided…