STATE v. COLE

No. 7320SC711.

201 S.E.2d 100 (1973)

20 N.C. App. 137

STATE of North Carolina v. James Robert COLE and Ronzel Spencer.

Court of Appeals of North Carolina.

December 12, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Millard R. Rich, Jr., Raleigh, for the State.

Seawell, Pollock, Fullenwider, Van Camp & Robbins, P. A., by James R. Van Camp, Carthage, for the defendants.


BROCK, Chief Judge.

After the alleged victim, Fayette Spinks, testified and the State rested its case, each of the three defendants testified. Their testimony tended to show that Ronzel Spencer had sexual intercourse with Fayette Spinks with her consent after he had given her $20.00, which he later retrieved. That Fayette Spinks became angry when Ronzel Spencer took back the $20.00 and she told him she was going to indict them for rape. Defendants' testimony tended...

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