STATE v. HINES

No. 15.

211 S.E.2d 201 (1975)

286 N.C. 377

STATE of North Carolina v. Bobby HINES et al.

Supreme Court of North Carolina.

January 31, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Grover Prevatte Hopkins, Tarboro of the North Carolina Bar; Morris Dees, Jr., and Charles F. Abernathy, Montgomery, Ala. of the Alabama Bar for defendants.


BRANCH, Justice.

Defendants assign as error the failure of the trial judge to grant their motions for nonsuit.

Rape is the carnal knowledge of a female person by force and against her will. The force necessary to constitute rape need not be physical force. Fear, fright, or coercion may take the place of force. State v. Flippin, 280 N.C. 682, 186 S.E.2d 917; State v. Primes,

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