STATE v. WELCH

No. 8324SC1027.

318 S.E.2d 4 (1984)

STATE of North Carolina v. Isaac WELCH, Jr.

Court of Appeals of North Carolina.

July 17, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Gudger, Reynolds, Ganly & Stewart by Lamar Gudger, Asheville, for defendant-appellant.


ARNOLD, Judge.

Defendant first assigns error to the trial court's denial of his motion to quash the bill of indictment charging him with rape. Defendant argues that the indictment does not correctly charge him with either first or second degree rape, because the essential averment "with force and arms" does not appear on its face as required by G.S. 15-144.1.

Our Supreme Court was confronted with this issue in State v. Corbett, and State v. Rhone...

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