Harris v. State
| Decision Date | 30 October 1917 |
| Docket Number | 9019. |
| Parties | HARRIS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
On an indictment for rape, the defendant can be convicted of the offense of an assault with intent to rape, although the indictment does not contain an allegation of an assault.
Under the facts of the case the court did not err in failing to instruct the jury upon the subjects of a mere assault, or an assault and battery.
The excerpts from the charge of the court, excepted to, when considered in connection with the charge in its entirety and the facts of the case, are not erroneous for any reason assigned.
The verdict was authorized by the evidence, and the court did not err in overruling the motion for a new trial.
Error from Superior Court, Wayne County; J. P. Highsmith, Judge.
C. L. Harris was convicted of crime, and he brings error. Affirmed.
Jas. R. Thomas and Thomas & Walker, all of Jesup, for plaintiff in error.
A. V. Sellers, Sol. Gen., of Baxley, for the State.
Judgment affirmed.
To continue reading
Request your trial
-
Rider v. State
... ... of assault with intent to rape, under § 26-1404, may be had ... on an indictment for rape where the act was attempted but not ... completed, Johnson v. State, 14 Ga. 55(1), 59; ... Stephen v. State, 11 Ga. 225(7); Holland v ... State, 161 Ga. 492, 131 S.E. 503; Harris v ... State, 21 Ga.App. 75(1), 94 S.E. 75; and the jury should ... in all such cases be instructed that the defendant may be ... found guilty of the lesser offense necessarily involved in ... the graver offense, if under any view of the evidence ... submitted a conviction of the lesser ... ...
- Harris v. State