Zettler v. State

Court of Appeals of Georgia

Zettler v. State

110 S.E. 241, 27 Ga. App. 763, 1921 Ga. App. LEXIS 404

CourtCourt of Appeals of Georgia

DecidedDecember 13, 1921

Docket12887

StatusPublished

This text of 110 S.E. 241 (Zettler 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

Zettler v. State, 110 S.E. 241, 27 Ga. App. 763, 1921 Ga. App. LEXIS 404 (Ga. Ct. App. 1921).

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Opinion

Broyles, C. J.

The accused was convicted of an assault with intent to rape, and the only point made in the brief of his counsel is that under the evidence he was guilty of an assault and battery only. We cannot agree with this contention. The defendant’s statement to the jury showed only an assault and battery, but from the. evidence adduced it was for the jury to determine whether or not the assault and battery was committed [764]*764with the intent to rape, and, tlieir determination of this question having been approved by the trial judge, this court is without authority to interfere.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

The accused was convicted of an assault with intent to rape, and the only point made in the brief of his counsel is that under the evidence he was guilty of an assault and battery only. We cannot agree with this contention. The defendant’s statement to the jury showed only an assault and battery, but from the. evidence adduced it was for the jury to determine whether or not the assault and battery was committed [764]*764with the intent to rape, and, tlieir determination of this question having been approved by the trial judge, this court is without authority to interfere.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

110 S.E. 241, 27 Ga. App. 763, 1921 Ga. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zettler-v-state-gactapp-1921.