¶1The law announced in the headnote is well settled. Penal Code, §19; Kelsey’s case, 62 Ga. 558; Johnson’s case, 73 Ga. 107. The evidence for the State, if credible, showed conclusively that the accused committed the crime of rape, as charged in the indictment; and it was therefore error to charge that a verdict for assault with intent to rape could be found. Judgment reversed.
101 Ga. 530
Harris v. State
Decided May 5, 1897
Supreme Court of Georgia · decided 1897-05-05
<p>The charge being rape, and the evidence, if credible, showing conclusively that the carnal connection was complete and that the offense of rape was actually perpetrated, the court erred in charging that a verdict for assault with intent to rape could be found; and such a verdict, under the circumstances, was contrary to law.</p>
Relies on Johnson v. State · Kelsey v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1897-05-05
How this case has been cited
Cited by 13 later decisions — most recently October 1979
13 state decisions
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