Mallard v. State

Court of Appeals of Georgia

Mallard v. State

112 S.E. 296, 28 Ga. App. 570, 1922 Ga. App. LEXIS 705

CourtCourt of Appeals of Georgia

DecidedMay 10, 1922

Docket13355

StatusPublished

Cited by3 cases

This text of 112 S.E. 296 (Mallard 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.

Bluebook

Mallard v. State, 112 S.E. 296, 28 Ga. App. 570, 1922 Ga. App. LEXIS 705 (Ga. Ct. App. 1922).

Pincite

Opinion

Luke, J.

1. “ A person under the age of ten years is incapable of committing any criminal offense. Penal Code, § 34. A person between the ages of ten and fourteen years cannot be lawfully convicted of a crime or misdemeanor, unless it appears from the evidence that he was capax doli, and the burden of proving that he was so rests upon the State. Penal Code, § 33, and cases cited.” Ford v. State, 100 Ga. 63 (1) (25 S. E. 845).

2. Under the foregoing ruling and the facts of the instant case, the verdict of guilty was contrary to law and the evidence.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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