
    [No. 1395.
    Decided November 12, 1894.]
    The State of Washington, Respondent, v. C. A. Keen, Appellant.
    
    assault with intent to commit rape — conviction oe assault and battery.
    Actual violence alleged as a fact in tlie transaction of an assault with intent to commit rape will justify a conviction of assault and battery.
    
      Appeal from Superior Court, Yakima County.
    
    
      John G. Boyle and Reavis & Milroy, for appellant.
    
      J. A. Rochford, Prosecuting Attorney, A. P. Fulkerson, Jones & Newman and James A. Haight, for the State.
   The opinion of the court was delivered by

Stiles, J.

The information charged an assault with intent to commit rape, and the appeal is from the judgment on a verdict of guilty of assault and battery. Contained in the information is an allegation that the accused “did then and there make an assault upon the body of Mrs.-, a female, over the age of twelve years, and did then and there unlawfully beat, lay hold of and ill treat the said,” etc. Penal Code § 19 defines assault and battery as “the unlawful beating of another” which clearly appears to have been charged in this information. Actual violence alleged as a fact in the transaction of an assault with intent to commit rape will justify a conviction of assault and battery. State v. McAvoy, 73 Iowa, 557, (35 N. W. 630).

Judgment affirmed.

Dunbar, C. J., and Hoyt and Scott, JJ., concur.  