Paschal v. State
Supreme Court of Georgia
Criminal law. Evidence. Before Judge Richard H. Clark. DeKalb superior court. August term, 1891. Indictment against Thomas Paschal for assault with intent to rape; conviction; exception to overruling of the motion for a new trial.
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Criminal law. Evidence. Before Judge Richard H. Clark. DeKalb superior court. August term, 1891. Indictment against Thomas Paschal for assault with intent to rape; conviction; exception to overruling of the motion for a new trial. The grounds of the motion are, that the verdict is contrary to law and evidence, and that the court erred in allowing the solicitor-general, over objection of counsel for the defendant, to ask the girl assaulted (who was a witness) the question, “Do you know that boy over there ?” pointing to the defendant, whose counsel said, “That is an unfair question, and I…
1Opinion of the Court
*303 Judgment is affirmed.
The issue on the evidence is as to the identity of the defendant with the person who committed the assault. The girl assaulted was not quite nine years old. She testified that she never saw that boy before the time of the assault. On the next morning when the defendant was arrested aiid she was canned to identify him, she said he was not the boy. He then wore a woolly skull-cap. She had previously told her father that the boy who' assaulted her had on a soft slouch hat. Her father asked her why she did not think that was the boy, and she answered that he did not have the…
2Cited by3 opinions
- Randall v. StateCourt of Appeals of Georgia · 1945
- Black v. StateSupreme Court of Georgia · 1904
- Black v. StateSupreme Court of Georgia · 1904