State v. . Adams

N. C. Code, 1935 (Michie), section 4205, is as follows : “Every person convicted of an assault with intent to commit rape upon the body of any female shall be imprisoned in the State’s Prison not less than one nor more than fifteen years.”

In S. v. Hewett, 158 N. C., 627 (629), we find: “Thus we see that practically all definitions of an attempt to commit a crime, when applied to the particular crime of rape, necessarily imply and include ‘an intent’ to commit it. There may be offenses when in their application to them there is a distinction between ‘attempt’ and ‘intent,’ but that cannot be…