Reversed, on the law, and indictment dismissed. The findings of fact are affirmed.
Defendant was indicted for rape in the first degree and assault in the second degree, both crimes arising out of the same facts. The jury acquitted him on the rape charge but found him guilty of assault in the second degree. However, where a criminal assault is committed solely in furtherance of the ultimate goal of rape and the complainant testifies that she was raped, a conviction...
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