Court of Appeals of North Carolina August 15, 1978, No. 783SC148 (State v. Barnhill)

MARTIN, Judge.

Defendant assigns as error the failure of the trial court to charge the jury on the lesser included offense of simple assault. We find no merit in this contention.

In the instant case, the trial court included in its charge to the jury an instruction declaring and explaining the law arising on the evidence as it related to the offense of assault on a female.