STATE v. RICKS

No. 7710SC675.

239 S.E.2d 602 (1977)

34 N.C. App. 734

STATE of North Carolina v. John RICKS.

Court of Appeals of North Carolina.

December 21, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Thomas F. Moffitt, Raleigh, for the State.

W. Thurston Debnam, Jr., Zebulon, for defendant-appellant.


VAUGHN, Judge.

Defendant assigns as error the court's failure to dismiss the case at the close of the State's evidence due to its insufficiency. He alleges that the State produced no evidence from which a jury could reasonably infer that the act of intercourse was by force and against the will of Felicia Bellamy. We are compelled to agree.

It is well established that consent is a complete defense to an indictment charging the rape of a female over the age...

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