Harris v. State

29 S.E. 423, 101 Ga. 530, 1897 Ga. LEXIS 256
Supreme Court of Georgia·Decided May 5, 1897·Published·Cited by 15 cases

Opinion

Fish, J.

The law announced in the headnote is well settled. Penal Code, §19; Kelsey’s case, 62 Ga. 558; Johnson’s case, 73 Ga. 107. The evidence for the State, if credible, showed conclusively that the accused committed the crime of rape, as charged in the indictment; and it was therefore error to charge that a verdict for assault with intent to rape could be found. Judgment reversed.

All the Justices concurring.

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Harris v. State, 29 S.E. 423, 101 Ga. 530, 1897 Ga. LEXIS 256 (Ga. 1897).

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