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Simmons v. State

136 S.E. 330, 36 Ga. App. 309, 1927 Ga. App. LEXIS 46
CourtCourt of Appeals of Georgia
DecidedJanuary 11, 1927
Docket17777
StatusPublished
Cited by2 cases

This text of 136 S.E. 330 (Simmons 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
Simmons v. State, 136 S.E. 330, 36 Ga. App. 309, 1927 Ga. App. LEXIS 46 (Ga. Ct. App. 1927).

Opinion

Luke, J.

“Upon the trial of one charged, with assault with intent to rape, where the undisputed evidence shows that if any offense was committed, it was either assault with intent to rape or assault and battery, a verdict finding the defendant guilty of a mere assault is contrary to the law and the evidence.” Fronebarger v. State, 27 Ga. App. 607 (109 S. E. 512), and cases cited. The foregoing being controlling, it is not necessary to discuss the grounds of the amendment to the motion for a new trial.

Judgment reversed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness. Francis B. Hunter, for plaintiff in error. John C. Hollingsworth, solicitor-general, contra.

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Related

Sheffield v. State
183 S.E.2d 525 (Court of Appeals of Georgia, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
136 S.E. 330, 36 Ga. App. 309, 1927 Ga. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-gactapp-1927.