Ollis v. State

Court of Appeals of Georgia

Ollis v. State

163 S.E. 309, 44 Ga. App. 793, 1932 Ga. App. LEXIS 519

CourtCourt of Appeals of Georgia

DecidedFebruary 17, 1932

Docket22065

StatusPublished

Cited by7 cases

This text of 163 S.E. 309 (Ollis 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

Ollis v. State, 163 S.E. 309, 44 Ga. App. 793, 1932 Ga. App. LEXIS 519 (Ga. Ct. App. 1932).

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Opinion

Broyles, O. J.

1. Under the act of 1918 (Ga. L. 1918, p. 259), an attempt to have illicit sexual intercourse with a female under the age of fourteen years constitutes an assault with intent to rape, although the attempt be made without actual force or violence. The act of 1918 raises “a presumption of law that a female under the age of fourteen years will not voluntarily consent to fornication, and by this presumption supplies the force essential to the commission of rape, where the alleged injured female has not attained the age of fourteen years.” Holland v. State, 161 Ga. 492 (131 S. E. 503) ; Suggs v. State, 24 Ga. App. 323 (100 S. E. 778); Todd v. State, 25 Ga. App. 411 (103 S. E. 496).

2. Under the foregoing ruling and the facts of this case, the verdict was amply authorized, and the special grounds of the motion for a new trial (complaining of alleged errors of commission and omission in the charge of the court) are without merit. The refusal to grant a new trial was not error.

Judgment affirmed.

Luke, J., concurs. Bloodworth, J., absent on account of illness.

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Broyles, O. J.

1. Under the act of 1918 (Ga. L. 1918, p. 259), an attempt to have illicit sexual intercourse with a female under the age of fourteen years constitutes an assault with intent to rape, although the attempt be made without actual force or violence. The act of 1918 raises “a presumption of law that a female under the age of fourteen years will not voluntarily consent to fornication, and by this presumption supplies the force essential to the commission of rape, where the alleged injured female has not attained the age of fourteen years.” Holland v. State, 161 Ga. 492 (131 S. E. 503) ; Suggs v. State, 24 Ga. App. 323 (100 S. E. 778); Todd v. State, 25 Ga. App. 411 (103 S. E. 496).

2. Under the foregoing ruling and the facts of this case, the verdict was amply authorized, and the special grounds of the motion for a new trial (complaining of alleged errors of commission and omission in the charge of the court) are without merit. The refusal to grant a new trial was not error.

Judgment affirmed.

Luke, J., concurs. Bloodworth, J., absent on account of illness.

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163 S.E. 309, 44 Ga. App. 793, 1932 Ga. App. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ollis-v-state-gactapp-1932.

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