McClain v. State

The defendant was accused of assault with intent to rape, and was convicted of assault and battery. The indictment alleged that the defendant “did unlawfully beat the said female . . with intent . . to have carnal knowledge of her . . forcibly and against her will.” The defendant contends here that the only verdict of guilty which the jury were authorized to return against him, under the indictment and the evidence, was assault with intent to rape. In support of this contention, the defendant relies on the cases 'of Byrd v. State, 28 Ga. App. 504 (111 S. E. 924), and Welborn v. State, 116 Ga.…