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STATE v. HANKINS

No. 825SC1347.

307 S.E.2d 440 (1983)

STATE of North Carolina v. Michael Jay HANKINS.

Court of Appeals of North Carolina.

October 4, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. Philip A. Telfer, Raleigh, for the State.

William Norton Mason, Wilmington, for defendant-appellant.

WEBB, Judge.

We believe we are bound by State v. Rushing, 61 N.C. App. 62, 300 S.E.2d 445, aff'd, 308 N.C. 804, 303 S.E.2d 822 (1983) to hold there was not sufficient evidence that the defendant intended to commit rape at the time he entered the house for a charge of first degree burglary to have been submitted to the jury. In Rushing...

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