Spear v. State

Court of Appeals of Georgia

Spear v. State

141 S.E. 88, 37 Ga. App. 611, 1928 Ga. App. LEXIS 527

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1928

Docket18609

StatusPublished

This text of 141 S.E. 88 (Spear 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

Spear v. State, 141 S.E. 88, 37 Ga. App. 611, 1928 Ga. App. LEXIS 527 (Ga. Ct. App. 1928).

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Opinion

Luke, J.

1. It appearing from the evidence that while a girl approximately thirteen years old was walking down a path near her home in the country, a hoy about fourteen years of age, who had been in hiding, ran after and overtook the girl, and told her she “would have to give up to him” before he would turn her loose, and, despite her screams, threw her down and was on top of her when a third person approached and ordered the boy to leave the girl alone, this court can not say that the evidence was insufficient to sustain the conviction of the boy for assault with intent to rape.

2. None of the grounds of the motion for a new trial discloses reversible

error. Judgment affirmed.

Broyles, G. J., and Blood/worth, J., concur.

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Luke, J.

1. It appearing from the evidence that while a girl approximately thirteen years old was walking down a path near her home in the country, a hoy about fourteen years of age, who had been in hiding, ran after and overtook the girl, and told her she “would have to give up to him” before he would turn her loose, and, despite her screams, threw her down and was on top of her when a third person approached and ordered the boy to leave the girl alone, this court can not say that the evidence was insufficient to sustain the conviction of the boy for assault with intent to rape.

2. None of the grounds of the motion for a new trial discloses reversible

error. Judgment affirmed.

Broyles, G. J., and Blood/worth, J., concur.

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Bluebook (online)

141 S.E. 88, 37 Ga. App. 611, 1928 Ga. App. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spear-v-state-gactapp-1928.