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STATE v. BOONE

No. 382A82.

297 S.E.2d 585 (1982)

STATE of North Carolina v. Daniel BOONE.

Supreme Court of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by James Peeler Smith, Asst. Atty. Gen., Raleigh, for the State.

Perry W. Martin and Donnie R. Taylor, Ahaskie, for defendant-appellant.

BRANCH, Chief Justice.

Defendant assigns as error the trial court's denial of his motion to dismiss the charges of attempted first-degree rape and first-degree sexual offense.

G.S. 14-27.2 provides in part:

(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse: * * * * * * (2) With another person by force and against the will of the other person...

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