Note 705 — Chapter XVIII · PROBLEMS OF MARRIAGE AND THE FAMILY

For Georgia, in 1895, the age of consent was reported as fourteen, or any younger age if the jury finds that "by reason of her intelligence she knows good from evil": see Gardener, in Arena, XIV, 415, 416; but I have not been able to find this provision in the present Code. The penalty for rape is death, unless the jury recommend to mercy, when it is one to twenty years' imprisonment at hard labor: Code (1896), III, 36, 39. This penalty applies when the girl is under ten: 11 Ga., 227.