Sheldon v. State

(for the majority of the Court) :

Daniel R. Sheldon, Jr., the appellant, was tried in Superior Court upon an indictment for rape (11 Del.C. § 781). The jury found him guilty of the lesser offense of assault. The Court imposed a sentence of imprisonment for twenty years.

The evidence shows rather clearly that, if an assault was committed by the appellant, his intent was to rape the victim. Neither party requested the Court to include in its charge the option of a finding of guilty of assault with intent to rape, which is a felony with a maximum sentence of ten years imprisonment (11 Del.C. §…