Bowen v. State

Geice, Justice.

1. In view of the evidence tending to prove completion of the crime of rape, omission to charge the jury, in the absence of a request, on assault and battery was no cause for the grant of a new trial. Gorman v. State, 183 Ga. 307 (188 S. E. 455).

2. Where the evidence áhows that -a rape had been actually committed, and there is nothing to show that the prisoner stopped short of the consummation of the crime, it is not incumbent on the court to charge, without a written request to do so, on the minor offense of an assault with intent to rape. Berry v. State, 87 Ga. 579 (13 S. E.…