Hillery v. The State., 236 Ga. App. 819, 513 S.E.2d 527 (1999)

Georgia Court Of Appeals

Status: DECIDED

Docket Number: A99A0473

Parts: ANDREWS, Judge.

Linked as:

Summary

Judgment affirmed. McMurray, P. J., and Ruffin, J., concur.

Summary

Judgment affirmed. McMurray, P. J., and Ruffin, J., concur.

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Craig S. Mathis, for appellant.

After being indicted and tried for rape, Nicholas D. Hillery was found guilty by a jury of aggravated assault with intent to rape.

1. Hillery claims that all the evidence showed either the completed offense of rape or no offense, and therefore the trial court erred by charging the jury that it was authorized to consider whether he was guilty of the lesser included offense of aggravated assault with intent to rape.

"An indictment for rape necessarily includes the lesser offenses of assault with intent to rape and assault and battery." Andrews v. State, 166 Ga. App. 632 (305 SE2d 170) (1983). Accordingly, the trial court did not err in charging the jury as to the lesser included offense of assault with intent to rape.

2. The evidence was sufficient for a rational trier of fact to conclude that Hillery was guilty beyond a reasonable doubt of the offense of aggravated assault with intent to rape. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Assistant District Attorney, for appellee.