
    2289.
    Gaines v. The State.
    Indictment for assault with, an intent to rape; from Stephens superior court — Judge Kimsey. November 15, 1909.
    Submitted January 12, 1909.
    Decided February 10, 1910
    
      B. F. Davis, N. B. C. Barney, for plaintiff in error.
    
      W. A. Charters, solicitor-general, contra.
   Russell, J.

The decision of this ease is controlled by the ruling of the Supreme Court in Dorsey v. State, 108 Ga. 477 (34 S. E. 135). Even if an assault was proved, the inference that the defendant intended to commit the offense charged is not exclusive of other hypotheses, which are equally well supported by the evidence. Judgment reversed.  