Terry v. State

Quillian, Presiding Judge.

Tried for rape, defendant appeals his conviction of aggravated assault with intent to commit rape. Held:

The sole enumeration asserts that the trial court erred in charging on the lesser offense of aggravated assault with intent to commit rape.

The victim testified that the defendant had sexual intercourse with her against her will, after defendant slapped her in the face and displayed a knife. Defendant admitted the intercourse but denied using or offering to use any force or violence.

An assault is either an attempt to commit a violent injury to another or committing…