Bird v. State

Supreme Court of Georgia

Bird v. State

35 S.E. 156, 110 Ga. 315, 1900 Ga. LEXIS 406

Supreme Court of Georgia·Decided February 27, 1900·Published

Opinion

Fish, J.

If, in the trial of a boy charged with the offense of assault with intent to rape, it be shown that the accused is under the age of fourteen years, a presumption, arises that he is physically incapable of committing the crime; and where there is no proof to rebut such presumption a verdict of guilty is contrary to the evidence and to law. Gordon v. State, 93 Ga. 531. The evidence in this case as to the identity of the accused with the assailant of the girl alleged to have been assaulted is by no means satisfactory.

Judgment reversed.

All the Justices’ concurring.

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Fish, J.

If, in the trial of a boy charged with the offense of assault with intent to rape, it be shown that the accused is under the age of fourteen years, a presumption, arises that he is physically incapable of committing the crime; and where there is no proof to rebut such presumption a verdict of guilty is contrary to the evidence and to law. Gordon v. State, 93 Ga. 531. The evidence in this case as to the identity of the accused with the assailant of the girl alleged to have been assaulted is by no means satisfactory.

Judgment reversed.

All the Justices’ concurring.

Bird v. State, 35 S.E. 156, 110 Ga. 315, 1900 Ga. LEXIS 406 (Ga. 1900).

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Opinion

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