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STATE v. ROBERTS

No. 265A83.

312 S.E.2d 477 (1984)

310 N.C. 428

STATE of North Carolina v. Irving ROBERTS.

Supreme Court of North Carolina.

March 6, 1984.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Christopher P. Brewer, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by Ann P. Petersen, Asst. Appellate Defender, and James R. Glover, Director, Appellate Defender Clinic, Raleigh, for defendant.

FRYE, Justice.

Defendant seeks a new trial and brings forward for review by this Court four alleged errors committed by the trial court. Defendant contends that: (1) the indictment for rape was insufficient to charge an offense greater than second degree rape; (2) the evidence was insufficient to convict him of first degree rape; (3) the trial court erred by entering judgment for both first degree rape and assault causing serious bodily injury; and, (4) the trial...

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