HIGGINS, Justice.
The conviction for an assault on a female may be treated as surplusage. This is a lesser offense included in the charge of assault with intent to commit rape. A conviction of an assault on a female could only be sustained, provided the jury acquitted of the greater offense. The conviction on the other counts would, of course, sustain the judgment.
As disclosed in the record, the principal State's witness told a story involving her father...
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