Byrd v. State
111 S.E. 924, 28 Ga. App. 504, 1922 Ga. App. LEXIS 644
Opinions
Under an indictment charging rape, the accused cannot lawfully be convicted of an assault with intent to rape, if the evidence affirmatively shows that the offense charged was committed. Penal Code (1910), § 19; Welborn v. State, 116 Ga. 522 (2) (42 S. E. 773). However, in the instant case the evidence did not demand a finding that the defendant had committed rape, but authorized the verdict of assault with intent to rape. The court, therefore, did not err in overruling the motion for a new trial.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Byrd v. State, 111 S.E. 924, 28 Ga. App. 504, 1922 Ga. App. LEXIS 644 (Ga. Ct. App. 1922).
111 S.E. 924 (Byrd v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Hicks v. State
71 S.E.2d 695 (Court of Appeals of Georgia, 1952)
McClain v. State
63 S.E.2d 217 (Court of Appeals of Georgia, 1951)
Haney v. State
13 S.E.2d 384 (Court of Appeals of Georgia, 1941)
Rich v. State
126 S.E. 154 (Court of Appeals of Georgia, 1924)
Whiddon v. State
122 S.E. 243 (Court of Appeals of Georgia, 1924)