State v. Williams

BECTON, Judge.

In his appeal, defendant Williams makes thirteen (13) assignments of error. In his ninth assignment, he argues that the trial court erred in failing to instruct the jury on the lesser included offense of assault with intent to commit rape.

It is well established in North Carolina that:

When a defendant is indicted for a criminal offense he may be convicted of the charged offense or of a lesser included offense when the greater offense charged in the bill contains all the essential elements of the lesser offense, all of which could be proved by proof of the allegations of fact…