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STATE v. LUCAS

No. 67.

275 S.E.2d 433 (1981)

STATE of North Carolina v. Jerry Ross LUCAS, Jr.

Supreme Court of North Carolina.

March 4, 1981.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Daniel C. Oakley, Asst. Atty. Gen., Raleigh, for the State.

Maynard A. Harrell, Jr., Plymouth, for defendant-appellant.

HUSKINS, Justice:

Defendant's motion at the close of the State's evidence to dismiss the charge of second degree sexual assault was denied. This ruling is the basis for his first assignment of error.

G.S. 14-27.5 provides in pertinent part as follows:

(a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person: (1) By force and against the will of the other person; ...

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