Martin v. State

Carley, Judge.

Appellant was indicted and tried for aggravated assault and rape. From his conviction of both offenses he brings this appeal.

1. Appellant urges that aggravated assault is a lesser included offense in the crime of rape and that his conviction for both cannot stand. Code Ann. § 26-1302 provides: "A person commits aggravated assault when he assaults (a) with intent to murder, to rape, or to rob, or (b) with a deadly weapon.” The state’s evidence showed that the victim was attacked with a tire jack. From evidence presented as to the manner in which the jack was used to assault the…