Legislative intent.

- It is the intent of the legislature that, although an assault may be a criminal attempt, and even though the criminal act intended be completed, a conviction for an assault is authorized. Williams v. State, 141 Ga. App. 201, 233 S.E.2d 48 (1977).

"Assault" during brief investigatory stop.

- When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. Alex v. State, 220 Ga. App. 754, 470 S.E.2d 305 (1996).

Conviction for assault lawful though battery was committed.

- Recognizing the fact that an assault is nothing more than an attempted battery, and that every battery necessarily includes an assault, it is lawful to convict for simple assault even though the proof shows that a battery was committed. Webb v. State, 156 Ga. App. 623, 275 S.E.2d 707 (1980); C.L.T. v. State, 157 Ga. App. 180, 276 S.E.2d 862 (1981).

Conviction of aggravated assault was legal conviction upon indictment for rape under the provisions of former Code 1933, §§ 26-1302 and 26-1303. Jones v. Smith, 228 Ga. 648, 187 S.E.2d 298 (1972) (see O.C.G.A. §§ 16-5-21 and16-5-22).

Lesser included offenses to murder.

- Aggravated assault with intent to commit murder and with a deadly weapon may be charged as lesser included offenses of murder. Hall v. State, 163 Ga. App. 515, 295 S.E.2d 194 (1982).

Failure to charge on lesser included crime where evidence shows completed crime.

- While former Code 1933, § 26-1303 authorized the conviction of a lesser crime on evidence of the completed crime, where the evidence showed the completed crime, it was not error to fail to charge on a lesser included crime. Payne v. State, 231 Ga. 755, 204 S.E.2d 128 (1974) (see O.C.G.A. § 16-5-22).

Where the testimony of the victim, considered with the testimony of the medical doctor who examined the victim immediately after the attack on the victim as to the nature of the injuries received, established that the offense committed was rape, and not attempted rape, the trial judge did not err in failing to instruct on the lesser included offense of attempted rape. Payne v. State, 231 Ga. 755, 204 S.E.2d 128 (1974).

Evidence sufficient for finding of assault with intent to commit rape.

- If the jury can find that the victim consented to intercourse after being assaulted by the defendant, the evidence is sufficient to authorize a finding of assault with the intent to commit rape. Terry v. State, 166 Ga. App. 632, 305 S.E.2d 170 (1983).

Cited in Ward v. State, 231 Ga. 484, 202 S.E.2d 421 (1973); Echols v. State, 134 Ga. App. 216, 213 S.E.2d 907 (1975); Scott v. State, 141 Ga. App. 848, 234 S.E.2d 685 (1977); Brooks v. State, 143 Ga. App. 523, 239 S.E.2d 207 (1977); Tuggle v. State, 145 Ga. App. 603, 244 S.E.2d 131 (1978); Riner v. State, 147 Ga. App. 707, 250 S.E.2d 161 (1978); Harper v. State, 157 Ga. App. 480, 278 S.E.2d 28 (1981); Price v. State, 160 Ga. App. 245, 286 S.E.2d 744 (1981); Blount v. State, 172 Ga. App. 120, 322 S.E.2d 323 (1984); Neal v. State, 219 Ga. App. 891, 467 S.E.2d 219 (1996).

ALR.

- Attempt to commit assault as criminal offense, 93 A.L.R.5th 683.