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STATE v. PANCAKE

No. 15417.

296 S.E.2d 37 (1982)

STATE of West Virginia v. Charles William PANCAKE.

Supreme Court of Appeals of West Virginia.

September 21, 1982.

Attorney(s) appearing for the Case

Mark D. Nigh, Philippi, for appellant.

Chauncey H. Browning, Atty. Gen., and S. Clark Woodroe, Asst. Atty. Gen., Charleston, for appellee.

HARSHBARGER, Justice:

Charles "Bill" Pancake appealed his Barbour County convictions for first-degree sexual assault upon his wife's sister, and burglary. The State charged Pancake with sexual intercourse by "forcible compulsion" as defined in Code, 61-8B-3, that is, by threat or intimidation causing his victim to be fearful of bodily injury.

On December 7, 1980, at about 7:00 A.M., Pancake broke the door glass of...

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