Taylor v. State
Supreme Court of Georgia
Criminal law. Assault with intent to commit rape. Charge of Court. Before Judge Strozer. Terrell Superior Court. May Term, 1873. Platt Taylor was placed on trial for the offense of an assault with intent to commit rape, alleged to have been perpetrated upon the person of one Catharine Turner, on June 15th, 1872. The defendant pleaded not guilty.
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Criminal law. Assault with intent to commit rape. Charge of Court. Before Judge Strozer. Terrell Superior Court. May Term, 1873. Platt Taylor was placed on trial for the offense of an assault with intent to commit rape, alleged to have been perpetrated upon the person of one Catharine Turner, on June 15th, 1872. The defendant pleaded not guilty. The evidence made the following case: Catharine Turner, about nineteen years of age, her two younger sisters of the respective ages of seventeen and eleven years, and their father and mother, occupied the same room; Catharine and the youngest slept in…
1Opinion of the Court
Trippe, Judge.
The defendant entered the house “soon after dark,” as the witness expressed it, where the father and mother and three daughters were. There was but one room to the house. No violence was used, excepting removing the bed clothes and putting his hand on the person of the woman. She immediately cried out, and defendant fled.
Under these facts, a refusal to give the charge requested was equivalent to refusing to allow the jury to consider any other intention than that of ravishing the person touched. Such an intention must exist, and the jury must so find, before they can render a…
2Cases cited1 opinion
- Lewis v. StateSupreme Court of Alabama · 1860
3Cited by11 opinions
- Rahke v. StateIndiana Supreme Court · 1907
- State v. GreenleafSupreme Court of New Hampshire · 1902
- McCullough v. StateCourt of Appeals of Georgia · 1912
- Dockery v. StateCourt of Criminal Appeals of Texas · 1896
- Reynolds v. StateNebraska Supreme Court · 1889
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