Defendant was charged by indictment with having committed the crimes of attempted rape in the first degree, sodomy in the first degree, kidnapping in the second degree, and two counts of assault in the second degree. At the close of the evidence, the trial court dismissed the kidnapping charge and one of the assault charges. The court, however, submitted the remaining charges and a charge of sexual abuse in the first degree, as a lesser included offense, to the jury. Defendant...
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