MARTIN v. STATE

57852.

151 Ga. App. 9 (1979)

258 S.E.2d 711

MARTIN v. THE STATE.

Court of Appeals of Georgia.

Decided July 16, 1979.

Rehearing Denied July 26, 1979.


Attorney(s) appearing for the Case

Richard D. Phillips, for appellant.

DuPont K. Cheney, District Attorney, Kenneth R. Carswell, Assistant District Attorney, for appellee.


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...

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