Bennett v. State

• Decision Date: 15 November 1897
• Citation: 102 Ga. 656,29 S.E. 918
• Parties: BENNETT . v. STATE.
• Court: Georgia Supreme Court

29 S.E. 918

102 Ga. 656

BENNETT .

v.STATE.

Supreme Court of Georgia.

Nov. 15, 1897.

Assault with Intent to Commit Rape — Delai —Review on Appeal.

1. While delay in making complaint of an alleged assault with intent to rape, and in instituting a prosecution for the same, will ordinarily afford ground for discrediting the female ad a witness, and for attacking the bona fides of the prosecution, such delay may in a given case be so satisfactorily explained to the jury as to warrant them in returning a verdict of guilty.

2. The ground of the motion for a new trial based on newly-discovered evidence was not insisted on in this court. There was sufficient evidence to support the verdict, and this court will not interfere with the discretion of the trial judge in refusing to set it aside.

(Syllabus by the Court.)

Error from superior court, Chatham county; R. Falligant, Judge.

W. E. Bennett was convicted of assault with intent to commit rape, and brings error. Affirmed.

W. F. Slater, for plaintiff in error.

W. W. Osborne, Sol. Gen., for the State.

LUMPKIN, P. J. The motion for a new trial in the present case is based on the general grounds, and upon newly-discovered evidence. This last ground was abandoned in this court, and therefore the only question for decision is whether or not there was sufficient evidence to support the verdict. The charge was an assault with intent to commit a rape. Miss Jones, the alleged victim, testified positively and unequivocally that Bennett, the accused, in May, 1890, made a violent assault upon her, attempted to throw her down, exposed both his and her private parts, and endeavored to havecarnal knowledge of her, forcibly and against her will. Accepting her testimony as the truth of the case, the guilt of the accused was proved beyond doubt. It was insisted here, however, that Miss Jones was unworthy of belief, because at the time of the commission of the alleged assault she made no outcry, and afterwards treated Bennett with a degree of friendliness and familiarity utterly incompatible with the fact that he had attempted upon her so great a wrong; and it was further urged that the prosecution was too long delayed to have any foundation in truth or justice. The record does show that, soon after the alleged attempt upon Miss Jones, she professed forgiveness of Bennett's act, subsequently visited his house, in Savannah, and, in taking leave of him and his wife, kissed him. Upon reaching her home, in Burke county, she informed her mother of what had occurred; but no warrant was sworn out until September...