{
  "id": 8550802,
  "name": "STATE OF NORTH CAROLINA v. KENNETH EARL WEBB",
  "name_abbreviation": "State v. Webb",
  "decision_date": "1973-12-12",
  "docket_number": "No. 734SC819",
  "first_page": "199",
  "last_page": "201",
  "citations": [
    {
      "type": "official",
      "cite": "20 N.C. App. 199"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "195 S.E. 2d 297",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "283 N.C. 249",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "case_paths": [
        "/nc/283/0249-01"
      ]
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    {
      "cite": "100 S.E. 2d 52",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "246 N.C. 717",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8628390
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/246/0717-01"
      ]
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  ],
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  "last_updated": "2023-07-14T15:39:00.958655+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Baley concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. KENNETH EARL WEBB"
    ],
    "opinions": [
      {
        "text": "PARKER, Judge.\nThe sole question presented is whether the trial judge erred in submitting to the jury as a possible verdict defendant\u2019s guilt of assault with intent to commit rape. Appellant contends that the State\u2019s evidence, if fully believed, established rape, while his evidence, if fully believed, showed at most only a. simple assault, and that therefore it was error under the evidence in this case for the trial court to instruct the jury concerning assault with intent to commit rape. We do not agree.\nThe only witnesses testifying to the crucial events were the prosecutrix and the defendant. Both testified to completed acts of sexual intercourse. The prosecutrix testified these occurred only after defend\u00e1nt assaulted her and that she submitted against her will and because she was afraid for her life. Defendant admitted the assault but testified that the subsequent sexual intercourse was with consent. Under this evidence the jury could find defendant not guilty of rape but guilty of assault with intent to commit rape. State v. Green, 246 N.C. 717, 100 S.E. 2d 52. The offense of assault with intent to commit rape is complete if defendant assaults the prosecutrix with intent to force her to engage in sexual intercourse against her will and notwithstanding any resistance she may make, although she thereafter consents. There was no error in submitting the lesser included offense.\nMoreover, had there been error, it would have been favorable to the defendant and he is without standing to challenge the verdict. State v. Vestal, 283 N.C. 249, 195 S.E. 2d 297.\nIn defendant\u2019s trial and the judgment appealed from we find\nNo error.\nChief Judge Brock and Judge Baley concur.",
        "type": "majority",
        "author": "PARKER, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Associate Attorney William A. Raney, Jr. for the State.",
      "Ellis, Hooper, Warlick, Waters & Morgan by William J. Morgan for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. KENNETH EARL WEBB\nNo. 734SC819\n(Filed 12 December 1973)\nRape \u00a7 6\u2014 submission of assault with intent to rape\nIn this rape prosecution, the trial court properly submitted an issue of defendant\u2019s guilt of assault with intent to commit rape where the prosecutrix testified the completed acts of sexual intercourse occurred only after defendant assaulted her and that she submitted against her will because she was afraid for her life, and defendant admitted the assault but testified that the subsequent sexual intercourse was with consent; moreover, had there been error in the submission of such issue, it was favorable to defendant and he has no standing to challenge a verdict of guilty of assault with intent to commit rape.\nOn Certiorari to review judgment of Copeland, Judge, entered at the 25 September 1972 Session of Superior Court held in Onslow County.\nDefendant was indicted for rape and pled not guilty. The jury found him guilty of assault with intent to commit rape. From judgment on the verdict imposing a prison sentence, defendant gave notice of appeal. The Court of Appeals subsequently granted his petition for certiorari to perfect the appeal.\nAttorney General Robert Morgan by Associate Attorney William A. Raney, Jr. for the State.\nEllis, Hooper, Warlick, Waters & Morgan by William J. Morgan for defendant."
  },
  "file_name": "0199-01",
  "first_page_order": 227,
  "last_page_order": 229
}