Supreme Court of Georgia December 18, 1893 (Gordon v. State)

Simmons, Justice.

By the common law of England, a boy under fourteen years of age cannot be convicted of rape. In Hale’s Pleas of the Crown it is said that an infant under that age “is presumed in law to be unable to commit a rape, and therefore, it seems, cannot be guilty of it; and though in other felonies militia supplet cetatem in some eases, , . .