STATE v. RANDOLPH

No. 2.

61 S.E.2d 87 (1950)

232 N.C. 382

STATE v. RANDOLPH.

Supreme Court of North Carolina.

September 20, 1950.


Attorney(s) appearing for the Case

Attorney-General Harry McMullan and Assistant Attorney-General T. W. Bruton, for the State.

D. Emerson Scarborough, Yanceyville, for defendant.


STACY, Chief Justice.

The case is here principally upon exceptions to the charge. Without undertaking to recapitulate the evidence, or to apply the law to the facts in the case, the court gave several definitions of an assault with intent to commit rape, including the following, to which exceptions are taken:

"An assault with intent to commit rape is an assault by a person intending to gratify his passions on the person of a woman notwithstanding any resistance...

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