34 Ga. 275 | Ga. | 1866
And, because Boggus was a single man and, therefore, could not have been convicted of bigamy, as principal, himself, if he had married Miss Windham, yet, why could he not be guilty in the second degree, as present, aiding and abetting Davis?
It may seem strange and startling, but yet unquestionably true, that a fémale may be guilty and punishable for rape in the second degree, being present aiding and abetting.'
Lord Audley was convicted of rape upon his own wife, being present aiding and abetting one of his minions to perpetrate this monstrous crime, and for which this devil-crazed nobleman was f hung. 1
It by no means, therefore, follows, that because the accused could not be convicted as principal in the first degree, he may not be in the second.
And, as to the absent witnesses, he should have moved to have continued the case until he could procure their testimony, which he failed to do. Ko doubt the State would readily have admitted the testimony which the prisoner would have proved by them.
Judgment affirmed.