Dalton v. State

The indictment in this case charged an as*289sault and battery with intent to commit rape, and this case is therefore distinguished from Owens v. State, 9 Ga. App. 441 (71 S. E. 680), relied on by counsel for the plaintiff in error; for in that case no battery was charged, and this court held that as no battery was charged in the indictment, the accused could not be convicted of an assault and battery.

Upon the trial the evidence adduced amply authorized a finding that an assault and battery had been committed by the accused, and did not demand a finding that it had been committed with intent to…