STATE v. ALSTON

No. 246A83.

312 S.E.2d 470 (1984)

310 N.C. 399

STATE of North Carolina v. Edward ALSTON.

Supreme Court of North Carolina.

March 6, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Lucien Capone III, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by Nora B. Henry, Asst. Appellate Defender, Raleigh, for defendant-appellant.


MITCHELL, Justice.

The defendant raises on appeal the question whether the evidence of his guilt of kidnapping and second degree rape was sufficient to support his convictions of those crimes. For reasons discussed herein, we conclude the evidence was insufficient to support his conviction of either crime.

The State's evidence tended to show that at the time the incident occurred the defendant and the prosecuting witness in this case, Cottie Brown, had been...

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