Carter v. State
Supreme Court of Georgia
Assault with Intent to Commit a Eape. In Cobh Superior Court. Tried before Judge Milner. September Term, 1866. The evidence for the State was as follows: Uepsey Holmes — On the 17th of August, 1866, in the city of Marietta, Cobb county, witness found, in the night, on waking up, that some one was lying beside her, with his hand on her arm. She woke up her sister and told her of it. She' then woke up her father to tell him, but the person escaped out of the window.
Read the full summary
Assault with Intent to Commit a Eape. In Cobh Superior Court. Tried before Judge Milner. September Term, 1866. The evidence for the State was as follows: Uepsey Holmes — On the 17th of August, 1866, in the city of Marietta, Cobb county, witness found, in the night, on waking up, that some one was lying beside her, with his hand on her arm. She woke up her sister and told her of it. She' then woke up her father to tell him, but the person escaped out of the window. She recognized the prisoner at the bar as the person. Her father caught hold of the prisoner, but could not hold him. This was…
1Opinion of the CourtLumpkin, C. J.
That the prisoner is guilty of an assault, is clear; for he was in the bed, holding the arm of the girl by her wrist, without her consent or permission, and, as she called for help so soon as she awoke and found him in that position, we may say forcibly and against her will. And the only *265question is, the intent with which it was done; and this invites a further inquiry, viz., how far the accused must go before this intent is established? Here it is certain, from the position of the parties, that the negro intended sexual connexion, forcibly or by consent. This was his intent. There is not a…
2Cited by16 opinions
- Dorsey v. StateSupreme Court of Georgia · 1899
- State v. SmithSupreme Court of Missouri · 1883
- Brown v. StateSupreme Court of Georgia · 1912
- State v. LewisSupreme Court of Iowa · 1915
- State v. LavineWashington Supreme Court · 1966
11 more not listed; retrieve them via the Exa API.