STATE v. SMALL

No. 7618SC570.

230 S.E.2d 425 (1976)

31 N.C. App. 556

STATE of North Carolina v. Michael SMALL.

Court of Appeals of North Carolina.

Certiorari Denied January 31, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Henry H. Burgwyn, Raleigh, for the State.

Boyan and Slate, by Joseph E. Slate, Jr., High Point, for defendant appellant.


Certiorari Denied by Supreme Court January 31, 1977.

BRITT, Judge.

Defendant assigns as error the failure of the trial court to grant his motion for nonsuit on the second charge of rape. We find no merit in this assignment.

Defendant appears to argue that the second incident of sexual intercourse complained of was only a continuation of the first incident, hence the evidence tended to show only one offense. While defendant does not cite, and our research...

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