Creswell v. State

1. On a trial for assault with intent to rape, the particulars of a complaint made by the female are not admissible in behalf of the prosecution, in the first instance, unless they are a part of the res gest®. The true rule is, to admit the evidence of the fact of the complaint in such cases, and in no • case to admit more. Stephen v. State, 11 Ga. 225 (8); Lowe v. State, 97 Ga. 792 (25 S. E. 676); Huey v. State, 7 Ga. App. 398 (66 S. E. 1023).

2. In the instant ease the defendant was indicted for an assault with intent to rape. Upon the trial the court, over the defendant’s objections,…