Eaton v. State

Full title: EATON v. THE STATE

Court: Supreme Court of Georgia

Date published: Oct 9, 1951

67 S.E.2d 472 (Ga. 1951)

208 Ga. 467

Opinion

17593.

SUBMITTED SEPTEMBER 11, 1951.

DECIDED OCTOBER 9, 1951. REHEARING DENIED NOVEMBER 16, 1951.

Rape. Before Judge Brooke. Cherokee Superior Court. July 7, 1951.

Wood Tallant, Phil M. Landrum, H. G. Vandiviere, and H. L. Buffington Jr., for plaintiff in error.

Eugene Cook, Attorney-General, James T. Manning, Solicitor-General, J. R. Parham, Assistant Attorney-General, and William A. Ingram, contra.

ATKINSON, Presiding Justice.

This case is controlled by the rulings in Teague v. State, ante.

Judgment affirmed. All the Justices concur, except Duckworth, C. J., and Almand, J., who dissent upon the ground pointed out in the dissent in Andrews v. State, 196 Ga. 84 (5), and Head, J., who dissents.

No. 17593. SUBMITTED SEPTEMBER 11, 1951 — DECIDED OCTOBER 9, 1951 — REHEARING DENIED NOVEMBER 16, 1951.