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Rice v. State

Rice v. State, 197 S.E. 349 (Ga. Ct. App. 1938)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
May 20, 1938
Docket
No. 26793
Judges
Broyles
Citations
197 S.E. 34958 Ga. App. 151938 Ga. App. LEXIS 168

Opinion of the Court — Broyles

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Broyles, C. J.

The accused was convicted of an assault with intent to rape; and his motion for new trial contained only the general grounds. The other two judges of the first division of this court are of the opinion that the verdict was authorized by the evidence. The view of the *16 writer is that the evidence authorized only a verdict for assault and battery.

Decided May 20, 1938. O. Grady Gillon, David R. Ramey, for plaintiff in error. Charles H. Garrell, solicitor-general, contra.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. Broyles, O. J-, dissents.

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