Nichols v. State

Court of Appeals of Georgia

Nichols v. State

142 S.E. 747, 38 Ga. App. 97, 1928 Ga. App. LEXIS 64

CourtCourt of Appeals of Georgia

DecidedApril 10, 1928

Docket18708

StatusPublished

Cited by1 cases

This text of 142 S.E. 747 (Nichols 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

Nichols v. State, 142 S.E. 747, 38 Ga. App. 97, 1928 Ga. App. LEXIS 64 (Ga. Ct. App. 1928).

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Opinion

Broyles, C. J.

The accused was convicted of an assault with intent to rape. The evidence, direct and circumstantial, amply authorized a finding that he committed an assault and battery upon the female in question with the intent to have sexual intercourse with her, provided only he succeeded in inducing her to consent thereto. This was a reasonable hypothesis under the facts of the case and was not excluded by the circumstantial evidence adduced. It follows that the verdict was unauthorized by the evidence, and that the refusal to grant a new trial ivas error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

The accused was convicted of an assault with intent to rape. The evidence, direct and circumstantial, amply authorized a finding that he committed an assault and battery upon the female in question with the intent to have sexual intercourse with her, provided only he succeeded in inducing her to consent thereto. This was a reasonable hypothesis under the facts of the case and was not excluded by the circumstantial evidence adduced. It follows that the verdict was unauthorized by the evidence, and that the refusal to grant a new trial ivas error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

142 S.E. 747, 38 Ga. App. 97, 1928 Ga. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-state-gactapp-1928.

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