STATE v. WEBB

No. 734SC819.

200 S.E.2d 840 (1973)

20 N.C. App. 199

STATE of North Carolina v. Kenneth Earl WEBB.

Court of Appeals of North Carolina.

December 12, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. William A. Raney, Jr., Raleigh, for the State.

Ellis, Hooper, Warlick, Waters & Morgan by William J. Morgan, Jacksonville, for defendant.


PARKER, Judge.

The sole question presented is whether the trial judge erred in submitting to the jury as a possible verdict defendant's guilt of assault with intent to commit rape. Appellant contends that the State's evidence, if fully believed, established rape, while his evidence, if fully believed, showed at most only a simple assault, and that therefore it was error under the evidence in this case for the trial court to instruct the jury concerning assault with...

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