Legal Opinion

Brown v. State

Supreme Court of Georgia

Decided March 30, 1886PublishedCited by 12 opinions

Criminal Law. Rape. .Verdict. Witness. Evidence. Before Judge Carswell. Washington. Superior Court. September .Term, 1885. Ben Brown was indicted for the rape of one Sarah Edwards. On the trial, the, evidence, on the. behalf of the state was, in brief, as follows: On Friday, May 10, 1884, the defendant hoed cotton all day with Bill Edwards, his wife and daughter, Sarah, who was eleven years of age.

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Criminal Law. Rape. .Verdict. Witness. Evidence. Before Judge Carswell. Washington. Superior Court. September .Term, 1885. Ben Brown was indicted for the rape of one Sarah Edwards. On the trial, the, evidence, on the. behalf of the state was, in brief, as follows: On Friday, May 10, 1884, the defendant hoed cotton all day with Bill Edwards, his wife and daughter, Sarah, who was eleven years of age. Late in the afternoon, the defendant asked the father and mother to let Sarah go home and get him a little supper, and then went to the house, followed by Sarah. Shortly after supper, Sarah went to…

1Opinion of the Court

Blandford, Justice.

A motion for new trial having been made and the same denied, the defendant excepted, and we are called upon to review this motion.

The plaintiff was indicted for the offense of rape, and found guilty, and the motion claims that this verdict is not sustained by the evidence, and so it- appears to this court.

1. In a criminal case, the testimony which is necessary to produce a conviction must be so strong and satisfactory as to exclude from the minds of the jury every reasonable doubt as to defendant’s guilt. Penetratio corporis ei *626emissio seminis was required by the old law to…

2Cases cited2 opinions

  1. Williams v. StateSupreme Court of Georgia · 1882
  2. Cicero v. StateSupreme Court of Georgia · 1875

3Cited by12 opinions

  1. People v. TippettSupreme Court of Colorado · 1987
  2. Green v. StateSupreme Court of Georgia · 1905
  3. Summerlin v. StateSupreme Court of Georgia · 1908
  4. Atlantic Coast Line Railroad Company v. Albert Gregor KammererCourt of Appeals for the Fifth Circuit · 1956
  5. Spraggins v. StateSupreme Court of Georgia · 1985

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