Sills v. State

The accused was charged with rape and convicted of assault and battery. The only two special grounds of his motion for a new trial allege error because the court charged on assault and battery. Part, of the testimony in the case, if believed by the jury, would authorize a conviction of this offense. “It is conceded that a verdict of assault, or of assault and battery, or of assault with intent to commit a rape, may be founded upon an indictment for rape. An assault or assault and battery is necessarily involved in every case of rape. Speer v. State, 60 Ga. 381, 382; Goldin v. State, 104 Ga.…