STATE v. DRUMGOLD

No. 105.

254 S.E.2d 531 (1979)

STATE of North Carolina v. Robert Lee DRUMGOLD.

Supreme Court of North Carolina.

May 17, 1979.


Attorney(s) appearing for the Case

Thomas F. East and G. Hugh Moore, Jr., Louisburg, for defendant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.


COPELAND, Justice.

The defendant contends the trial court erred in not submitting second degree rape to the jury as an alternative to a verdict of first degree rape. We agree; therefore, the defendant must be granted a new trial.

It is well settled that "a defendant is entitled to have all lesser degrees of offenses supported by the evidence submitted to the jury as possible alternate verdicts." State v. Palmer, 293 N.C. 633...

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