STATE v. LITTLE

No. 8018SC770.

275 S.E.2d 249 (1981)

STATE of North Carolina v. Rodney Lepere LITTLE.

Court of Appeals of North Carolina.

March 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

S. Kent Smith, Asst. Public Defender, Greensboro, for defendant-appellant.


VAUGHN, Judge.

Defendant first contends that the court erred by failing to charge the jury on the lesser included offense of misdemeanor assault. We agree.

Defendant tendered a request, in apt time, for the jury to be instructed upon the offense of simple assault. Simple assault is clearly a lesser included offense of assault with intent to commit rape.1 As a general proposition, the judge has a duty to declare and explain the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases