Legal Opinion

Innis v. State

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 13 opinions

Rape. Evidence. Charge of Court, etc. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. The details of this ease are sufficiently set forth in the parts of the proceedings below and the opinions, for an understanding of the points decided. When the evidence was concluded, the Court charged the jury as follows: Gentlemen of the Jury: You begin this trial with a presumption of innocence in favor of the defendant.

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Rape. Evidence. Charge of Court, etc. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. The details of this ease are sufficiently set forth in the parts of the proceedings below and the opinions, for an understanding of the points decided. When the evidence was concluded, the Court charged the jury as follows: Gentlemen of the Jury: You begin this trial with a presumption of innocence in favor of the defendant. The law presumes him to be innocent, and that presumption continues until the State satisfies you, by proof beyond a reasonable doubt, of the defendant’s guilt. The…

1Opinion of the Court

Lochrane, C. J.,

Without going into the mass of testimony in this case, we may briefly remark that the defendant was indicted for the crime of rape, and was brought to trial in the Court below and convicted. He moved for a new trial on several grounds, one of which only, we propose to review as the grounds of our judgment in this case, viz: “That the Court erred in its charge to the jury upon the effect of positive and negative testimony under the facts of this case.”

The evidence shows that the prosecutrix went with her husband to the office of the prisoner, who was a physician. She went from…

2Cases cited1 opinion

  1. Coles' Adm'rs v. PerryTexas Supreme Court · 1851

3Cited by13 opinions

  1. Warrick v. StateSupreme Court of Georgia · 1906
  2. Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
  3. Welborn v. StateSupreme Court of Georgia · 1902
  4. Middleton v. WatersSupreme Court of Georgia · 1949
  5. Davis v. StateSupreme Court of Georgia · 1904

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