MALLARD, Chief Judge.
Assault on a female by a male person is a lesser included offense in a proper bill of indictment charging an assault with intent to commit rape. 6 Strong, N.C. Index 2d, Rape and Allied Offenses, § 18.
The jury found that the defendant was "guilty to assault on female." In the judgment and commitment the record reads that the defendant was "found guilty of assault on a female, he being a male person over the age of 18 years of age...
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