STATE v. PACE

No. 8021SC803.

275 S.E.2d 254 (1981)

STATE of North Carolina v. Robert Arthur PACE.

Court of Appeals of North Carolina.

March 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Nonnie F. Midgette, Raleigh, for the State.

David P. Mast, Jr., Winston-Salem, for defendant-appellant.


MORRIS, Chief Judge.

Defendant first argues that the trial court erred by denying his motions to dismiss the charges due to the insufficiency of the evidence of force. He argues that the evidence raised no more than a suspicion or conjecture as to the use of force against the victim. We disagree. Both second degree rape and second degree sexual offense must be committed "[b]y force and against the will of the other person." G.S. 14-27.3 and -27.5. The testimony of...

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