Moore v. State , 151 Ga. 648 ( 1921 )

Atkinson, J.,

dissenting from the ruling in the fifth headnote and to the corresponding division of the opinion. The evidence for the State was sufficient to authorize a verdict finding the defendant guilty of assault and battery, and did not demand a finding that a rape had been actually committed. It was therefore error to omit, though not requested, to charge the law applicable to a ease of assault and battery.