Fish, J.
The law announced in the headnote is well settled. Penal Code, §19; Kelsey’s case, 62 Ga. 558; Johnson’s case, 73 Ga. 107. The evidence for the State, if credible, showed conclusively that the accused committed the crime of rape, as charged in the indictment; and it was therefore error to charge that a verdict for assault with intent to rape could be found. Judgment reversed.
All the Justices concurring.