State v. Brown

The offense of rape, charged in the indictment, was committed on the evening of June 7, 1931. The assault in some of its aspects was extremely brutal, and we shall recite no more of the details than is essential to the discussion of the propositions relied upon by the defendant for reversal.

The first and major complaint of the defendant is that the court did not submit to the jury the alleged included' offense of assault with intent to commit great bodily injury. The court submitted rape, assault with intent to commit rape, assault and battery, and simple assault. Instead of requesting the…