Wade v. State

Court of Appeals of Georgia

Wade v. State

109 S.E. 511, 27 Ga. App. 650, 1921 Ga. App. LEXIS 346

CourtCourt of Appeals of Georgia

DecidedNovember 17, 1921

Docket12858

StatusPublished

Cited by4 cases

This text of 109 S.E. 511 (Wade 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

Wade v. State, 109 S.E. 511, 27 Ga. App. 650, 1921 Ga. App. LEXIS 346 (Ga. Ct. App. 1921).

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Opinion

Broyles, C. J.

1. The accused was charged with rape and found guilty of an assault with intent to rape. The evidence showed that the female in question was under fourteen years of age. Under the ruling in Todd v. Stale, 25 Ga. App. 411 (103 S. E. 496), the court did not err in failing to instruct the jury that they could, if they saw fit, recommend that the defendant be punished as for a misdemeanor.

2. In a case where a defendant is convicted of an assault with intent to rape, it is not essential that the testimony of the female in question be corroborated. Rivers v. State, 8 Ga. App. 703 (2) (70 S. E. 50), and citation. This rule was not changed by the act of the General Assembly of Georgia approved July 31, 1918 (Ga. L. 1918, p. 259). That act provides that no conviction shall be had for rape on the unsupported testimony of the female in question, but there is no such provision as to an assault with intent to rape.

3. Under the above rulings, none of the special grounds of the amendment to the motion for a new trial is meritorious; the verdict was authorized by the evidence, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Luke and Bloodworth, J.J., concur.

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Broyles, C. J.

1. The accused was charged with rape and found guilty of an assault with intent to rape. The evidence showed that the female in question was under fourteen years of age. Under the ruling in Todd v. Stale, 25 Ga. App. 411 (103 S. E. 496), the court did not err in failing to instruct the jury that they could, if they saw fit, recommend that the defendant be punished as for a misdemeanor.

2. In a case where a defendant is convicted of an assault with intent to rape, it is not essential that the testimony of the female in question be corroborated. Rivers v. State, 8 Ga. App. 703 (2) (70 S. E. 50), and citation. This rule was not changed by the act of the General Assembly of Georgia approved July 31, 1918 (Ga. L. 1918, p. 259). That act provides that no conviction shall be had for rape on the unsupported testimony of the female in question, but there is no such provision as to an assault with intent to rape.

3. Under the above rulings, none of the special grounds of the amendment to the motion for a new trial is meritorious; the verdict was authorized by the evidence, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Luke and Bloodworth, J.J., concur.

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Bluebook (online)

109 S.E. 511, 27 Ga. App. 650, 1921 Ga. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-state-gactapp-1921.

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