Tobin v. State

1. Upon the trial of an indictment for assault with intent to rape it is competent to show that the female upon whom the crime was alleged to have been committed was under fourteen years of age, though the indictment contained no such allegation. McMath v. State, 55 Ga. *306303; Echols v. State, 153 Ga. 857 (113 S. E. 171), and authorities cited. Under this ruling there is no merit in the 3d and 5th special grounds of the motion for a new trial.

Decided December 13, 1922. Don H. OlarTc, for plaintiff in error. Walter O. Hartridge, solicitor-general, Leo A. Morrisey, contra.

2. “Under the…