Hillery v. State

Andrews, Judge.

After being indicted and tried for rape, Nicholas D. Hillery was found guilty by a jury of aggravated assault with intent to rape.

1. Hillery claims that all the evidence showed either the completed offense of rape or no offense, and therefore the trial court erred by charging the jury that it was authorized to consider whether he was guilty of the lesser included offense of aggravated assault with intent to rape.

“An indictment for rape necessarily includes the lesser offenses of assault with intent to rape and assault and battery.” Andrews v. State, 196 Ga. 84, 112 (26 SE2d…