101 Ga. 782 | Ga. | 1897
The evidence in this case shows that a man who was a stranger to Lizzie Dutton approached her, while she was standing within a very short distance of her father’s dwelling, seized her hand, and requested her to go with him into the woods. Her brother was also near the house, and in
The court, by its charge, confined the jury to a finding of guilty or not guilty, and thus in effect withheld from their consideration any question of convicting the accused of an assault and battery. As it was fairly inferable that the words nsed by the man who approached the woman were intended as a proposal to have sexual intercourse with him, and as he, against her wish and without her consent, unlawfully took hold •of her hand, a battery, in legal contemplation, was committed, and this feature of the case ought to have been submitted to and passed upon by the jury.
Judgment reversed.