Miles v. State
Supreme Court of Georgia
Indictment for assault to rape. Before Judge Butt. Muscogee superior court. May term, 1893. At the time of the offence defendant was, and had been for several months, in the employment of the prosecutor as a servant at his store.
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Indictment for assault to rape. Before Judge Butt. Muscogee superior court. May term, 1893. At the time of the offence defendant was, and had been for several months, in the employment of the prosecutor as a servant at his store. His testimony and that of his wife was, in brief, that defendant entered their bedroom at half past 2 o’clock at night, while they were asleep, she being on the bed, and her husband being on a cot next to the bed; that the wife was awakened by the touch of defendant’s hand, he being on the bed, on his knees, leaning on his left hand, with his other hand on the…
1Opinion of the Court
Lumpkin, Justice.
1. The charge set out in the first head-note, of which complaint was made in the motion for a new trial, was undoubtedly erroneous for two reasons. First, the court ought not to have said that the accused had attempted to set up an alibi. The use of the word “ attempted ” at least had a tendency to convey to the minds of the jury an intimation that the effort of the accused to prove an alibi amounted to nothing more than an attempt. Secondly, the error already noticed was intensified when the court went on to instruct the jury that the burden of proof was upon the accused to…
2Cases cited1 opinion
- Westbrook v. StateSupreme Court of Georgia · 1892
3Cited by10 opinions
- Johnson v. StateSupreme Court of Georgia · 1975
- McGruder v. StateSupreme Court of Georgia · 1957
- Henderson v. StateSupreme Court of Georgia · 1904
- Raysor v. StateSupreme Court of Georgia · 1909
- Stanford v. StateSupreme Court of Georgia · 1922
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