State v. Wortham

EAGLES, Judge.

I

Defendant first assigns error to the court’s sentencing him for assault on a female, on the grounds that assault on a female is not a lesser included offense of attempted rape. We note that defendant did not object to the submission of the offense to the jury. Failure to object at trial ordinarily waives the right to assert error on appeal. App. R. 10(b)(2). However, the sufficiency of a criminal charge may be challenged without any exceptions or assignment of error having been made. App. R. 10(a). It is well established that an indictment for a greater offense is a sufficient…