¶1dissenting. I cannot agree in the judgment of affirmance in this case. In my opinion, the excerpt from the charge of the court, of which complaint is made, was harmful error, and, the evidence not demanding the defendant’s conviction, I think a new trial should result.
27 Ga. App. 667
Norris v. State
Decided November 18, 1921
Court of Appeals of Georgia · decided 1921-11-18
<p>Under an indictment for an assault with intent to rape which also charges a battery upon the person of the female in question, a verdict can lawfully be returned either for an assault with intent to rape or for a mere assault and battery. Where under such an indictment one is convicted of the graver offense, an error in the charge of the court upon the subject of an assault and battery does not necessarily require another trial of the case.</p>
Decided 1921-11-18