Thrash v. State

An indictment charging a felony, or the highest grade or degree of the offense by operation of law, charges every lesser offense included in the one charged.

The indictment upon which this appellant was tried and convicted charged an assault with intent to ravish, a felony. Under the rule of law above stated, this indictment also charged an assault and battery, and an assault.

Upon the trial of this case in the court below numerous exceptions were reserved to the court’s rulings, but in the main the exceptions do not appear to be well taken. However, the principal insistence of error is based…