STATE v. WORTHAM

No. 289PA86.

351 S.E.2d 294 (1987)

318 N.C. 669

STATE of North Carolina v. Ricky Dean WORTHAM.

Supreme Court of North Carolina.

January 6, 1987.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Henry T. Rosser, Asst. Atty. Gen., for the State.

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


EXUM, Chief Justice.

The question presented on this appeal is whether the offense of assault on a female, N.C.G.S. § 14-33(b)(2), is a lesser included offense of attempted second degree rape, N.C.G.S. § 14-27.3(a)(1). We conclude it is not and reverse the Court of Appeals' decision to the contrary.

I.

Defendant was tried on a three-count indictment charging first degree burglary, felonious larceny, and attempted second degree rape.

...

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