Brown v. State
Decision Date | 13 November 1912 |
Citation | 76 S.E. 379,138 Ga. 814 |
Parties | BROWN v. STATE. |
Court | Georgia Supreme Court |
Syllabus by the Court.
Upon the trial of one under indictment for rape, the court did not err (the evidence authorizing it) in instructing the jury Reg. v. Mayers, 12 Cox's Crim. Law Cases, 311; Reg. v. Young, 14 Ib. 114; Harvey v. State, 53 Ark. 425, 14 S.W. 645 22 Am.St.Rep. 229; Maupin v. State (Ark.) 14 S.W 924; Malone v. Com., 91 Ky. 307, 15 S.W. 856; Payne v. State, 40 Tex. Cr. R. 202, 49 S.W. 604, 76 Am.St.Rep. 712; State v. Shroyer, 104 Mo. 441, 16 S.W. 286, 24 Am.St.Rep. 344; State v. Welch, 191 Mo 179, 89 S.W. 945, 4 Ann.Cas. 681. In Gore v. State, 119 Ga. 418, 46 S.E. 671, 100 Am.St.Rep. 182, it was held that the words "against her will," in the definition of rape, are synonymous with "without her consent," and that therefore "a man who has sexual intercourse with an imbecile female, who is mentally incapable of expressing any intelligent assent or dissent, or of exercising any judgment in the matter, is guilty of rape, though no more force be used than is necessary to accomplish the carnal act, and though the woman offer no resistance." This ruling in effect authorized the instruction complained of. See, also, Carter v. State, 35 Ga. 263; Com. v. Burke, 105 Mass. 376, 7 Am.Rep. 531.
Failure to charge upon the subject of impeachment of witnesses, and as to the rule in reference to reconciliation of conflicting testimony, is not cause for a new trial, in the absence of appropriate and timely written requests to instruct in reference thereto. Lewis v. State, 125 Ga. 48 (1) 53 S.E. 816, and citations; Lewis v. State, 129 Ga. 731 (3), 59 S.E. 782; Alford v. State, 137 Ga. 459 (5), 73 S.E. 375; McCrary v. State, 137 Ga. 784, 74 S.E....
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