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State v. Collins

Citations

  • 508 S.E.2d 390
  • 270 Ga. 42
  • 98 Fulton County D. Rep. 3581
  • 1998 Ga. LEXIS 994

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the Court had previously abandoned the presumption that a rape was forcible based solely on the fact that a victim was under the age of consent
  • presumption of both elements based upon age of the victim impermissible in forcible rape case
  • presumption of both elements based upon age of the victim impermissible in forcible rape case
  • “In enacting a new criminal code in 1968, this state adopted the common-law definition of rape.”
  • the State must prove the element of force as a factual matter in forcible rape cases rather than presuming force as a matter of law based on the victim’s age
  • “the quantum of evidence to prove force against a child is minimal”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Hines, Hunstein

Read full opinion on CourtListener

Cited by

49 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.