Gilbert v. State, 8582.

• Decision Date: 10 August 1932
• Docket Number: No. 8582.,8582.
• Citation: 175 Ga. 276,165 S.E. 120
• Parties: GILBERT. v. STATE.
• Court: Georgia Supreme Court

175 Ga. 276

165 S.E. 120

GILBERT.

v.STATE.

No. 8582.

Supreme Court of Georgia.

Aug. 10, 1932.

Syllabus by Editorial Staff.

Error from Superior Court, Clayton County; John B. Hutcheson, Judge.

Tolbert Gilbert was convicted of rape, robbery, and assault with intent to murder, and he brings error.

Reversed.

An indictment charged Tolbert Gilbert and Lynn Lee as follows: "With the offense of rape; for that the said Tolbert Gilbert and Lynn Lee in the county aforesaid, on the 16th day of February in the year of our Lord nineteen hundred and thirty one unlawfully and with force and arms: Count (1) Did have carnal knowledge with Mrs. Bernice Levis, a female, forceably and against her will, contrary to the laws of the said State, the good order, peace, and dignity thereof. Count (2) And the jurors aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse the said Tolbert Gilbert and Lynn Lee with having committed the offense of robbery; for the said Tolbert Gilbert and Lynn Lee in the county aforesaid, on the 16th day of February in the year of our Lord nineteen hundred and thirty-one, unlawfully and with force and arms from the person of Bernice Levis, wrongfully, fraudulently, and violently, by force and intimidation did take and carry away from the person of Bernice Levis and with intent to steal the same six dollars in money of the value of six dollars, one gold finger-ring set with one diamond and two sapphires of the value of two hundred dollars, one cardboard sample-case containing samples of cloth of the value of ten dollars, one black imitation leather overnight bag of the value of one dollar, the said Bernice Levis being then and there the owner and the person in possession of said above described property; contrary to the laws of the said State, the good order, peace, and dignity thereof. Count (3) And the jurors aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse the said Tolbert Gilbert and Lynn Lee with having committed the of fense of assault with intent to murder; for the said Tolbert Gilbert and Lynn Lee in the county aforesaid, on the 16th day of February in the year of our Lord nineteen hundred and thirty-one, unlawfully and with force of arms, and with some blunt instruments, the exact description of which is unknown to the grand jury, the same being weapons likely to produce death, unlawfully and with malice aforethought did beat and strike Bernice Levis, with intent to kill and...