State v. Goines

To constitute an assault with intent to commit rape, it is not necessary that the assailant retain such intent throughout the assault. It is sufficient if he at any time during the assault has an intent to gratify his passion upon the prosecutrix at all events, notwithstanding any resistance on her part. State v. Petry, 226 N.C. 78, 36 S.E. 2d 653; State v. Williams, 121 N.C. 628, 28 S.E. 405. “The intent is necessarily an inference to be drawn from the defendant’s acts, and it must be drawn by the jury and not by the judge, when there is any evidence.” State v. Mehaffey, 132 N.C. 1062, 44…