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STATE v. FLIPPIN

No. 79.

186 S.E.2d 917 (1972)

280 N.C. 682

STATE of North Carolina v. Willie FLIPPIN.

Supreme Court of North Carolina.

March 15, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Burley B. Mitchell, Jr., and Associate Atty. Gen. Edwin M. Speas, Jr., for the State.

Price, Osborne & Johnson by D. Floyd Osborne, Eden, and Gwyn, Gwyn & Morgan by Melzer A. Morgan, Jr., Reidsville, for defendant.

BRANCH, Justice.

Defendant assigns as error the failure of the trial judge to instruct the jury that they could return a verdict of assault with intent to commit rape or of assault on a female.

Rape is the carnal knowledge of a female person by force and against her will. State v. Primes, 275 N.C. 61, 65 S.E.2d 225; State v. Crawford, 260 N.C. 548, 133 S.E.2d 232

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