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Atkins v. State

Atkins v. State, 115 S.E. 35 (Ga. Ct. App. 1922)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
December 12, 1922
Docket
No. 13571
Judges
Luke
Citations
115 S.E. 3529 Ga. App. 2551922 Ga. App. LEXIS 214

Opinion of the Court — Luke

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

Luke, J.

1. “ Under the provisions of the act of the General Assembly of Georgia, raising the ‘ age of consent ’ of female children to fourteen years (Ga. L. 1918, p. 259), the offense of an assault with intent to rape, when committed upon a female child over ten years old and under fourteen years of age, is not a reducible felony; that is, one convicted of such offense cannot, upon recommendation of the jury, be punished as for a misdemeanor.” Atkins v. State, 154 Ga. 540 ( 114 S. E. 878 ); Wade v. State, 27 Ga. App. 650 .

2. “ In a case where a defendant is convicted of an assault with intent to rape, it is not essential that the testimony of the female in question be corroborated. Rivers v. State, 8 Ga. App. 703 (2) ( 70 S. E. 50 ), and citation. This rule was not changed by the act of the General Assembly approved July 31, 1918 (Ga. L. 1918, p. 259). That act provides that no conviction shall be had for rape on the unsupported testimony of the female in question, but there is no such provision as to an assault with intent to rape.” Wade v. State, supra.

3. The verdict was authorized by the evidence and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodicorth, J., concur.

I. W. Rountree, Guy Alford, for plaintiff in error. Walter F. Grey, solicitor-general, contra.

How later courts describe this case

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

1950: 11951: 11952: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. Long v. State66 S.E.2d 837 (Ga. Ct. App. 1951)
  2. Green v. State61 S.E.2d 291 (Ga. Ct. App. 1950)
  3. Cunningham v. State68 S.E.2d 614 (Ga. Ct. App. 1952)

Most recent

  1. Cunningham v. State68 S.E.2d 614 (Ga. Ct. App. 1952)
  2. Long v. State66 S.E.2d 837 (Ga. Ct. App. 1951)
  3. Green v. State61 S.E.2d 291 (Ga. Ct. App. 1950)

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 3

DepthCaseCited by
Atkins v. State, 114 S.E. 878 (Ga. 1922) 9
Rivers v. State, 70 S.E. 50 (Ga. Ct. App. 1911) 6
Wade v. State, 109 S.E. 511 (Ga. Ct. App. 1921) 4

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