Court of Appeals of North Carolina November 19, 1969, No. 6929SC521 (State v. Mitchell)

MALLARD, C.J.

Assault on a female by a male person is a lesser included offense in a proper bill of indictment charging an assault with intent to commit rape. 6 Strong, N.C. Index 2d, Rape and Allied Offenses, § 18.

The jury found that the defendant was “guilty to assault on female.