Opinion
55482.
SUBMITTED FEBRUARY 27, 1978.
DECIDED APRIL 25, 1978.
Aggravated assault. Dougherty Superior Court. Before Judge Kelley.
Hatcher, Cook Strickland, Donald E. Strickland, for appellant.
William S. Lee, District Attorney, Hobart M. Hind, Assistant District Attorney, for appellee.
Rush appeals his conviction, by a jury, of aggravated assault. Held:
1. At trial, a witness testified that, immediately prior to the incident for which Rush was convicted, Rush had abducted her at gunpoint, asked her whether she knew "any white friend, that he wanted to go to bed, you know, with a white girl," and finally, that Rush had raped her. To this latter testimony, Rush timely objected as irrelevant and prejudicial.
This evidence was admissible "to show intent, motive, plan, scheme and bent of mind of the defendant. [Cits.]" Davis v. State, 233 Ga. 638 (2) ( 212 S.E.2d 814). See Carter v. State, 237 Ga. 617 ( 229 S.E.2d 411); Rini v. State, 236 Ga. 715 ( 225 S.E.2d 234); Ransom v. State, 142 Ga. App. 325 ( 235 S.E.2d 748).
2. "As to the general grounds, this court is bound by the `any evidence' rule and must accept the state's version of the evidence, as was done by the jury and the trial judge." Franklin v. State, 136 Ga. App. 47, 48 (1) ( 220 S.E.2d 60).
3. The trial court charged verbatim the elements of aggravated assault set forth in Code Ann. § 26-1302. The charge was sufficient. Pitts v. State, 128 Ga. App. 827 (3) ( 198 S.E.2d 377).
4. For the reasons stated above, the trial court did not err in denying appellant's motion for new trial.
Judgment affirmed. Bell, C. J., and Shulman, J., concur.