Harper v. State

Candler, Justice.

(After stating the foregoing facts.) The contention in special ground 1, that the court erred in failing to charge the jury on the law of assault with intent to commit rape, is without merit. “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; Andrews v. State, 196 Ga. 84 (12) (26 S. E. 2d, 263); Rider v. State, 195 Ga. 656 (25 S. E. 2d, 304) ; Gorman v. State,…