Clarke v. State

Nichols, Chief Justice.

The appellant, James David Clarke, was indicted in Clarke County for rape and aggravated assault. In charging and accusing the defendant with the offense of aggravated assault, the grand jury specifically alleged that the defendant "did unlawfully make an assault upon the person of [the victim] with their fists, which were used in such a manner as to be likely to cause death or great bodily injury.” The victim gave testimony that the defendant and an accomplice entered her home, demanding that the victim produce a mutual acquaintance and some "drinking whiskey.” When…