Finney v. State

1. The accused was convicted of assaulting a female, under the age of 14 years, with the intent to rape her. In his statement to the jury the defendant denied that he committed any assault, or any assault and battery, upon the female, and the evidence of the female, if true, proved the felonious assault as alleged in the indictment. In view of these facts the omission of the court to charge the jury on the law of assault, or assault and battery, was not error. Wade v. State, 11 Ga. App. 411 (5) (75 S. E. 494).

2. The indictment alleged that the accused had not been lawfully married to the…