Bass v. State

MORROW, RUSSELL 0„ Associate Judge.

This is an appeal from a judgment of guilty and sentence of the appellant in the Criminal Court of Record for Palm Beach County. The appellant was charged in three counts as follows: Count One with assault with intent to commit rape; Count Two with lewd and lascivious assault; and, Count Three with assault and battery. The state was required to make an election between Counts One and Two, and chose Count Two on which to proceed. The court ruled that Count Three was a lesser included offense to Count Two and struck *612it over appellant’s objection. The jury…