State v. . Overcash

The court in its charge clearly defined an assault and instructed the jury:

“It may be a simple assault, as where one man strikes another with his hand, shoves him in anger or hits him with his fist. It may be an assault with intent to commit rape. The element of that offense is, that there must be an assault, and there must be an intent on the part of the assailant to have intercourse with.a female by force and in spite of any resistance she might make.”

It then charged the jury further as follows :

“If a man lays his hands on a ivoman and when he does so he intends to have intercourse with…