State v. Wortham

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.

Evidence for the state tended to show that on the evening of 10 August 1984 the victim was asleep on a sofa underneath an open window when she awoke to find a man, whom…