State v. Flippin

BRANCH, Justice.

Defendant assigns as error the failure of the trial judge to instruct the jury that they could return a verdict of assault with intent to commit rape or of assault on a female.

Rape is the carnal knowledge of a female person by force and against her will. State v. Primes, 275 N.C. 61, 65 S.E. 2d 225; State v. Crawford, 260 N.C. 548, 133 S.E. 2d 232. "Carnal knowledge” is effected in law if there is the slightest penetration of the female sex organ by the male sex organ. State v. Sneeden, 274 N.C. 498, 164 S.E. 2d 190; State v. Jones, 249 N.C. 134, 105 S.E. 2d 513. The…