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STATE v. FORTNEY

No. 56.

269 S.E.2d 110 (1980)

301 N.C. 31

STATE of North Carolina v. Terry Lee FORTNEY.

Supreme Court of North Carolina.

August 15, 1980.

Attorney(s) appearing for the Case

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

J. Franklin Jackson, Raleigh, for defendant-appellant.

CARLTON, Justice.

I.

The evidence tended to show that on 5 May 1979 Georgia Guthrie Shepard, a 23-year-old cocktail waitress, returned to her home in a Raleigh apartment complex after work at approximately 2:00 a. m. While still in the parking lot, she was accosted by a man armed with a gun who grabbed her and forced her to a sitting position between two cars with his arm around her neck. At his order, she stopped...

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