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Lawskills.com Georgia Caselaw
WILLIAMS v. THE STATE.
41674.
HALL, Judge.
Burglary with intent to rape. Bryan Superior Court. Before Judge Durance.
Intent to rape is a necessary element of the crime for which the defendant was convicted. Accord Dorsey v. State, 108 Ga. 477 (34 SE 135); Little v. State, 42 Ga. App. 222, 224 (155 SE 352); Horton v. State, 74 Ga. App. 723, 725 (41 SE2d 278). The evidence presented in the instant case would authorize a jury to find that the defendant committed an offense against the State. However, the evidence does not establish an intent to rape with a greater degree of certainty than it establishes an intent to commit some other offense.
Hence it was insufficient to establish the specific intent alleged in the indictment beyond a reasonable doubt. Dorsey v. State, 108 Ga. 477, 480, supra.
Paul E. Caswell, Solicitor General, for appellee.
Kravitch, Garfunkel & Hendrix, Aaron Kravitch, for appellant.
SUBMITTED JANUARY 5, 1966 -- DECIDED JANUARY 18, 1966.
Friday May 22 20:37 EDT


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