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STATE v. CORBETT

No. 167A81.

297 S.E.2d 553 (1982)

STATE of North Carolina v. Carlton Fanandza CORBETT. STATE of North Carolina v. Carl Lawrence RHONE.

Supreme Court of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Thomas H. Davis, Jr., and Charles M. Hensey, Asst. Attys. Gen., Raleigh, for the State.

James E. Hill, Jr., Whiteville, for appellant-defendant Rhone.

David Garrett Wall, Elizabethtown, for defendant-appellant Corbett.

MEYER, Justice.

We will discuss each defendant's assignments of error separately.

Defendant Rhone

This defendant first contends that the indictment charging him with first degree rape was fatally defective for failure to allege the averment "with force and arms" which, he maintains, is required under G.S. § 15-144.1 (Cum.Supp.1981). He further contends that "since the indictment was fatally defective, the charge to the jury and the entry...

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