Rider v. State

Jenkins, Justice.

“No person shall be convicted of an assault with intent to commit a crime, . . when it shall appear that the crime intended, or the offense attempted, was actually perpetrated by such person at the time of such assault, or in pursuance of such attempt.” Code, § 27-2508. Although a conviction of assault with intent to rape, under § 26-1404, may be had on an indictment for rape where the act was attempted but not completed (Johnson v. State, 14 Ga. 55, 59; Stephen v. State, 11 Ga. 225 (7); Holland v. State, 161 Ga. 492, 131 S. E. 503; Harris v. State, 21 Ga. App. 75, 94 S. E.…