STATE v. GOINES

No. 498.

160 S.E.2d 469 (1968)

273 N.C. 509

STATE v. Bobby Lee GOINES.

Supreme Court of North Carolina.

April 17, 1968.


Attorney(s) appearing for the Case

Boyce, Lake & Burns by F. Kent Burns, Raleigh, for defendant appellant.

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


J. FRANK HUSKINS, Justice.

To constitute an assault with intent to commit rape, it is not necessary that the assailant retain such intent throughout the assault. It is sufficient if he at any time during the assault has an intent to gratify his passion upon the prosecutrix at all events, notwithstanding any resistance on her part. State v. Petry, 226 N.C. 78, 36 S.E.2d 653; State v. Williams, 121 N.C. 628, 28 S.E. 405. "The intent is necessarily an inference to be...

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