Supreme Court of North Carolina, 1946

State v. . Burgess

State v. . Burgess
Supreme Court of North Carolina · Decided October 30, 1946 · PER CURIAM.
39 S.E.2d 816; 226 N.C. 771; 1946 N.C. LEXIS 298 (South Eastern Reporter, Second Series)

State v. . Burgess

Opinion of the Court

Pee Cubiam.

The defendant, appellant, noted exception to the judge’s charge to the jury in respect to the definition of what was necessary to be shown to constitute assault with intent to commit rape. An examination of the language used by the court leads to the conclusion that the instructions given were in substantial accord with the definition approved by numerous decisions of this Court. S. v. Massey, 86 N. C., 658; S. v. Jeffreys, 117 N. C., 743, 23 S. E., 175; S. v. Jones, 222 N. C., 37, 21 S. E. (2d), 812; S. v. Walsh, 224 N. C., 218, 29 S. E. (2d), 743; S. v. Gay, 224 N. C., 141, 29 S. E. (2d), 458.

The State’s evidence was sufficient to carry the case to the jury and to warrant the verdict. In the trial we find

No error.

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