Jeffers v. State
Decision Date | 14 August 1915 |
Docket Number | 544. |
Citation | 85 S.E. 1005,143 Ga. 849 |
Parties | JEFFERS v. STATE. |
Court | Georgia Supreme Court |
Syllabus by the Court.
On the trial of one charged with rape, the court instructed the jury: Held, that the judge in so instructing the jury expressed or intimated his opinion as to what had been proved, viz., that the female alleged to have been raped made complaint that the accused had committed the offense upon her. Accordingly under the mandatory provisions of the Civil Code 1910, § 4863, the judgment must be reversed, and a new trial granted.
The facts set out in the motion for a new trial do not require a discussion of the question whether there was evidence corroborating that of the female alleged to have been raped or whether an omission to give a charge on the subject of corroboration was error. The judgment being reversed on another ground, no opinion is expressed on the sufficiency of the evidence.
Error from Superior Court, Douglas County; A. L. Bartlett, Judge.
F. W Jeffers was convicted of rape, and he brings error. Reversed.
J. H McLarty and J. S. James, both of Douglasville, for plaintiff in error.
J. R Hutcheson,...
To continue reading
Request your trial-
Allen v. State
...in that the prosecutrix had made an outcry and that her private parts were torn and lacerated, and cites the case of Jeffers v. State, 143 Ga. 849, 85 S. E. 1005, where it was stated and held by this court as follows: "On the trial of one charged with rape the court instructed the jury: 'In......