72 Ga. 191 | Ga. | 1883
[Nichols was indicted for rape, alleged to have been committed upon one Mary Herndon. The defendant was a doctor. The prosecutrix testified that he pretended that it was necessary to use instruments in treating her, and so pulled up her clothing and had connection with her, holding her arms. The eyidence was very conflicting. The Woman claimed to have been assaulted appears' to have made no outcry and no immediate complaint, though there were others in the house. Afterwards she made an affidavit that she was satisfied that she was wrong in her charges against defendant.
The jury found a verdict of guilty of an assault. Defendant moved for a new trial on the following, among other grounds:
(1.) Because the verdict was contrary to law and evidence.
(2.) Because the issue was tried solely on the charge of rapé f counsel so argued the case, and no point was raised
The motion w;as overruled, and defendant excepted.].