Epperson v. State
Epperson v. State
Opinion of the Court
1. Rape being the carnal knowledge of a female forcibly and against her will, and the defendant having admitted having sexual intercourse with the prosecutrix but claiming it was with her consent, and she testifying that it was forced upon her, and the evidence being, at most, conflicting as to whether force was used, the verdict and sentence was not contrary to law and evidence, and against the weight of or without evidence to support it. Code ยง 26-1301; Byrd v. State, 187 Ga. 328 (200 SE 671). The enumeration of error complaining of the above is without merit.
2. The charge of the court, taken as a whole, simply states that the jury should acquit the defendant if they did not believe he was guilty of any crime charged in the indictment or if the jury entertained a reasonable doubt as to his guilt of any crime, the court having charged on the lesser offense of
Judgment affirmed.
Reference
- Full Case Name
- EPPERSON v. State
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- 1 case
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- Published