STATE v. ASHFORD

No. 75.

272 S.E.2d 126 (1980)

STATE of North Carolina v. Rayford ASHFORD, Jr.

Supreme Court of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Myron C. Banks, Sp. Deputy Atty. Gen., Raleigh, for the State.

Bobby H. Griffin, Monroe, for defendant-appellant.


BRANCH, Chief Justice.

Defendant first assigns as error the failure of the trial court to dismiss the charge of rape on the ground that the State never presented evidence of penetration. Defendant contends that the prosecuting witness never testified that he penetrated her, and that there was no other evidence of penetration, such as the presence of semen.

The State points out that Ms. Isom testified that defendant had "intercourse" and "sex" with her and...

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