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PACK v. STATE

36091.

93 Ga. App. 737 (1956)

92 S.E.2d 824

PACK v. THE STATE.

Court of Appeals of Georgia.

Decided April 11, 1956.

Attorney(s) appearing for the Case

Stafford R. Brooke, J. B. Headrick, for plaintiff in error.

Erwin Mitchell, Solicitor-General, contra.

PER CURIAM.

1. "No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offense, when it shall appear that the crime intended, or the offense attempted, was actually perpetrated by such person at the time of such assault, or in pursuance of such attempt." Code § 27-2508. And, of course, the provisions of this Code section are applicable to a case involving the crime of rape. Hicks v. State,

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