Bird v. State

Supreme Court of Georgia

Bird v. State

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

DecidedFebruary 27, 1900

StatusPublished

This text of 35 S.E. 156 (Bird v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

35 S.E. 156, 110 Ga. 315, 1900 Ga. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bird-v-state-ga-1900.

Opinion

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