Atkins v. State

Court of Appeals of Georgia

Atkins v. State

115 S.E. 35, 29 Ga. App. 255, 1922 Ga. App. LEXIS 214

CourtCourt of Appeals of Georgia

DecidedDecember 12, 1922

Docket13571

StatusPublished

Cited by3 cases

This text of 115 S.E. 35 (Atkins v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkins v. State, 115 S.E. 35, 29 Ga. App. 255, 1922 Ga. App. LEXIS 214 (Ga. Ct. App. 1922).

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Opinion

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.

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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.

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115 S.E. 35, 29 Ga. App. 255, 1922 Ga. App. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkins-v-state-gactapp-1922.

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