F. L. Moody was indicted, tried, and convicted in the Superior Court of Chatham County for the offense of assault with intent to rape. He filed his motion for a new trial on the general grounds only, and excepts to the judgment overruling that motion.
The prosecuting witness testified as follows: "On the 23rd day of February this year I was living at 211 East Waldburg, in Savannah, Chatham County, Georgia. Living below were Mr. Price Moody, the defendant here, his wife and one child. On this particular day Mrs. Moody called me [to come] downstairs and made a complaint to me that her husband was in the back room with my child, and I went back to the room where she told me he was and opened the door; it was a bedroom; I found Mr. Moody on top of my child in the bed; I made him get up; his pants were open and all of his privates were out; I called upstairs to my husband; he can't hear too good and I had to call him two or three times; the radio was on; and I stepped back in the hall to call him, and when I did Mr. Moody went out the back door; I then called the police department . . . My little girl, Laverne, is 5 years old. I never had any trouble before with this man; he has been living there since October 17th . . . they were there when I moved there October 17th. My child was not injured in any way at all . . ." The following statement of Dr. E. C. Sheppard was admitted by consent: "To whom it may concern: In re Laverne Harn. This is to certify that I have examined the above child and do not find any evidence of her having been raped, such as tears, bruises and the like about or at the outer opening of the female genitalia; in my opinion, this child could not have been entered by the male organ." The incident occurred about 11 a. m. The defendant was arrested at 1:25 p. m., and was, according to the testimony of a city detective, very much under the influence of alcohol at the time: he was informed of the charge against him, and said he knew nothing about it. The defendant in his statement gave his age as 63 and said further: "As far as bothering that little girl, I had been drinking the night before, and I was drinking then; I don't remember nothing; I was lying across my bed."
The trial court did not err in denying the motion for a new trial.
Judgment affirmed. Gardner, P. J., and Carlisle, J., concur.