Byrd v. State

Court of Appeals of Georgia

Decided April 14, 1922

Court of Appeals of Georgia · decided 1922-04-14

<p>Indictment for rape; from Emanuel superior court — Judge Hardeman. January 17, 1922.</p>

Relies on Welborn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1922-04-14

How this case has been cited

Cited by 5 later decisions — most recently July 1952

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Broyles, C. J.

¶1Under an indictment charging rape, the accused cannot lawfully be convicted of an assault with intent to rape, if the evidence affirmatively shows that the offense charged was committed. Penal Code (1910), § 19; Welborn v. State, 116 Ga. 522 (2) (42 S. E. 773). However, in the instant case the evidence did not demand a finding that the defendant had committed rape, but authorized the verdict of assault with intent to rape. The court, therefore, did not err in overruling the motion for a new trial.

¶2Judgment affirmed.

Luke, J., concurs. Bloodworth, J., dissents.