State v. . Smith

"Walker, J.

The defendant was indicted in the Superior Court for an assault with intent to commit rape, and was convicted by the jury, not of the felony charged in the indictment, but of an assault and battery upon a woman, he being, at the time of the assault, over the age of eighteen years. The indictment alleged that “the defendant, with force and arms, at and in tbe county aforesaid, in and upon, one Lillian Whitson, then and there being, did make an assault, and her, the said Lillian Whitson, then and there, did beat, wound, and ill-treat, with intent her, the said Lillian Whitson,…