2 Ga. App. 730 | Ga. Ct. App. | 1907
The plaintiff in error was convicted of assault with intent to rape. He excepts to the overruling of his motion for a new trial. The fifteen grounds of the motion, so far as are necessary to be considered, can well be grouped info three exceptions or complaints.
We can not agree with the contention of the plaintiff in error that the capacity or incapacity óf the female to give' consent is immaterial, or that there is any difference, as to the capacity to give consent, in assault with intent to rape and in rape. The in