STATE v. LUCAS

No. 667.

148 S.E.2d 130 (1966)

267 N.C. 304

STATE v. Benjamin Franklin LUCAS.

Supreme Court of North Carolina.

May 11, 1966.


Attorney(s) appearing for the Case

Harrison & Diehl, by Philip A. Diehl, Raeford, for defendant appellant.

T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for the State.


PER CURIAM.

Upon a charge of assault with intent to commit rape of a female person above the age of twelve years, the State is required to show that the defendant actually committed an assault with intent to force the female to have sexual relations with him, notwithstanding any resistance she might make; however, since a child under the age of twelve years cannot give her consent, the requirement of force is not necessary to constitute the offense. The vast majority...

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