State v. Mitchell

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.” In the judgment and commitment the record reads that the defendant was “found guilty of assault on a female, he being a male person over the age of 18 years of age.” Defendant testified that he was 44 years of age.

In State v. Beam, 255 N.C. 347, 121 S.E. 2d 558 (1961), in which the Supreme Court found no error, the defendant…