77 Ga. 705 | Ga. | 1886
Irrespective of the other errors assigned upon the charge of the court, we are of opinion that this case is controlled by two questions made in the motion for a new trial, viz :
(1.) That the verdict is without evidence to support it, and is consequently contrary to law.
(2.) Because the court erred in rejecting as evidence a letter, dated September 6, 1885, and forwarded by the party alleged to have been assaulted by the hands of one Latham, who was an illiterate man, and who identified the paper, from certain marks on it, as the one sent by him to the defendant.
Two other letters, which were sworn to be in the same handwriting as that above referred to and sent to the defendant through the mail, were also rejected. These
This is said in reference to the letter about which Latham testified; how far it may have been proper to admit other letters offered and rejected, it is not essential to determine ; though we are strongly inclined to the opinion that when it was shown to experts, who compared this particular letter with the other, and who believed that they were all in the same handwriting, this was a substantial compliance with section 3840 of the .code, which regulates the, admission of documents by comparison of handwriting.
He adds, “I sháll never forget a trial before myself of a rape in the county of Sussex. There had been one of that county convicted and executed for a rape in that county before some other judges about three assizes before, and I suppose very justly. Some malicious people, seeing how easy it was to make out such an accusation and how difficult it was for the party accused to clear himself, furnished the two assizes following with many indictments for rape, wherein the parties accused with some difficulty escaped. The instance stated shows the . absolute physical impossibility of the accused having committed the offence, although it had been fully proved by the girl and corroborated by the concurrent testimony of both her parents and some others of her relations. This is supplemented by other instances of parties being unjustly and improperly condemned, who, by accidental discoveries, were enabled to make their
The injured female is usually a competent witness in such cases, but in view of the fatal consequences resulting from relying solely upon her evidence, it is laid down generally that the degree of credit to be given to her evidence depends more or less upon the concurrence of the circumstances of the fact with her testimony. “For instance, if she be of good fame,” says our author, 75. 633, if she presently discovered the offence, made pursuit after the offender, showed circumstances and signs of the injury whereof many are of that nature that only women are the most proper examiners and inspectors, if the place where the fact was done was remote from people, inhab. itants or passengers, if the offender fled for it; these and the like are concurring evidences to. give greater probability to her testimony when proved by others as well as herself.
But on the other side, if she concealed the injury for any considerable length of time after she had an opportunity to complain ; if the place where the fact was supposed to be committed were near to inhabitants or common recourse of passage for passengers; and she made no outcry when the fact was supposed to be done, when and where it is probable that she might be heard by others; these and the like circumstances carry a strong presumption that her testimony is false or feigned.
Tested by these rules, which may be considered as well
The entire case does not establish, beyond a reasonable doubt, that defendant made an assault upon her person with an intent to commit a rape; indeed, its preponderance repels the idea. The verdict, for the reasons given, should have, been set aside and a new trial should have been granted. On this material point, the record does not disclose even a conflict iñ the evidence. There was literally nothing to base the verdict on.
Judgment reversed.