Opinion · Supreme Court of North Carolina

State v. . Burgess

226 N.C. 771

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1946-10-30
Topic
general

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.

Citator

UpLaw has not yet analyzed State v. . Burgess. The absence of a flag is not a finding that it is good law.

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.