Finney v. State

Court of Appeals of Georgia

Finney v. State

181 S.E. 144, 51 Ga. App. 545, 1935 Ga. App. LEXIS 400

CourtCourt of Appeals of Georgia

DecidedJuly 20, 1935

Docket24880

StatusPublished

Cited by1 cases

This text of 181 S.E. 144 (Finney 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.

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Finney v. State, 181 S.E. 144, 51 Ga. App. 545, 1935 Ga. App. LEXIS 400 (Ga. Ct. App. 1935).

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Opinion

Broyles, C. J.

1. The accused was convicted of assaulting a female, under the age of 14 years, with the intent to rape her. In his statement to the jury the defendant denied that he committed any assault, or any assault and battery, upon the female, and the evidence of the female, if true, proved the felonious assault as alleged in the indictment. In view of these facts the omission of the court to charge the jury on the law of assault, or assault and battery, was not error. Wade v. State, 11 Ga. App. 411 (5) (75 S. E. 494).

2. The indictment alleged that the accused had not been lawfully married to the female in question prior to his attack upon her. While there was no direct proof of this fact, the circumstantial evidence adduced was sufficient to establish it to the exclusion of every other reasonable hypothesis. Moreover, a girl under the age of 14 years can not lawfully contract marriage in this State. Code of 1933, § 53-102; Crapps v. Smith, 9 Ga. App. 400 (2) (71 S. E. 501).

3. While the alleged victim of the attack was the only witness to positively identify the defendant as the man who had mistreated her, her testimony was in many material respects corroborated, and the jury had the right to believe her testimony. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

1. The accused was convicted of assaulting a female, under the age of 14 years, with the intent to rape her. In his statement to the jury the defendant denied that he committed any assault, or any assault and battery, upon the female, and the evidence of the female, if true, proved the felonious assault as alleged in the indictment. In view of these facts the omission of the court to charge the jury on the law of assault, or assault and battery, was not error. Wade v. State, 11 Ga. App. 411 (5) (75 S. E. 494).

2. The indictment alleged that the accused had not been lawfully married to the female in question prior to his attack upon her. While there was no direct proof of this fact, the circumstantial evidence adduced was sufficient to establish it to the exclusion of every other reasonable hypothesis. Moreover, a girl under the age of 14 years can not lawfully contract marriage in this State. Code of 1933, § 53-102; Crapps v. Smith, 9 Ga. App. 400 (2) (71 S. E. 501).

3. While the alleged victim of the attack was the only witness to positively identify the defendant as the man who had mistreated her, her testimony was in many material respects corroborated, and the jury had the right to believe her testimony. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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181 S.E. 144, 51 Ga. App. 545, 1935 Ga. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finney-v-state-gactapp-1935.

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