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Harris v. State

Harris v. State, 29 S.E. 423 (Ga. 1897)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
May 5, 1897
Judges
Fish
Citations
29 S.E. 423101 Ga. 5301897 Ga. LEXIS 256
Cited by 13
Headnotes
The charge being rape, and the evidence, if credible, showing conclusively that the carnal connection was complete and that the offense of rape was actually perpetrated, the court erred in charging that a verdict for assault with intent to rape could be found; and such a verdict, under the circumstances, was contrary to law.
Summary
Indictment for rape. Before Judge Fite. Bartow superior court. January term, 1897.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fish

Text extracted by OCR from a scanned original; check the original for exact wording.

Fish, J.

The law announced in the headnote is well settled. Penal Code, §19; Kelsey’s case, 62 Ga. 558; Johnson’s case, 73 Ga. 107 . The evidence for the State, if credible, showed conclusively that the accused committed the crime of rape, as charged in the indictment; and it was therefore error to charge that a verdict for assault with intent to rape could be found. Judgment reversed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1908: 11912: 11923: 11925: 11941: 11946: 11948: 11951: 11952: 11966: 11972: 11974: 11979: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. Roach v. State147 S.E.2d 299 (Ga. 1966)
  2. Dutton v. State188 S.E.2d 794 (Ga. 1972)
  3. Crosby v. State207 S.E.2d 515 (Ga. 1974)
  4. Harper v. State39 S.E.2d 45 (Ga. 1946)
  5. Sims v. State47 S.E.2d 862 (Ga. 1948)
  6. Rich v. State128 S.E. 666 (Ga. 1925)

Most recent

  1. Jarrard v. State263 S.E.2d 444 (Ga. Ct. App. 1979)
  2. Crosby v. State207 S.E.2d 515 (Ga. 1974)
  3. Dutton v. State188 S.E.2d 794 (Ga. 1972)
  4. Roach v. State147 S.E.2d 299 (Ga. 1966)
  5. Hicks v. State71 S.E.2d 695 (Ga. Ct. App. 1952)
  6. Long v. State66 S.E.2d 837 (Ga. Ct. App. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Johnson v. State, 73 Ga. 107 (1884) 23
Kelsey v. State, 62 Ga. 558 (1879) 21

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