Canida v. State

Fish, C. J.'

1. Where the evidence showed that a rape had been actually committed, and there was nothing to indicate the perpetration of an assault not included in the crime of rape, the court properly omitted from its charge any instruction as to the law relating to the offense of assault with intent to commit a rape. Penal Code, §19; Johnson v. State, 73 Ga. 107 ; Welborn v. State, 116 Ga. 522 (42 S. E. 773). The testimony of a witness that the prosecutrix “said some one had attempted to assault her” was not -evidence authorizing a charge on the law of assault wijdi intent to commit a rape,…