STATE v. WORTHAM

No. 8512SC806.

341 S.E.2d 76 (1986)

STATE of North Carolina v. Ricky Dean WORTHAM.

Court of Appeals of North Carolina.

April 1, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. Henry T. Rosser, Raleigh, for State.

Acting Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Robin E. Hudson, Raleigh, for defendant-appellant.


EAGLES, Judge.

I

Defendant first assigns error to the court's sentencing him for assault on a female, on the grounds that assault on a female is not a lesser included offense of attempted rape. We note that defendant did not object to the submission of the offense to the jury. Failure to object at trial ordinarily waives the right to assert error on appeal. App.R. 10(b)(2). However, the sufficiency of a criminal charge may be challenged without any exceptions...

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