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STATE v. RAINES

No. 8428SC194.

324 S.E.2d 279 (1985)

STATE of North Carolina v. Bobby Allen RAINES.

Court of Appeals of North Carolina.

January 15, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus Edmisten by Asst. Atty. Gen. Alfred N. Salley, Raleigh, for the State.

Elmore & Powell, P.A. by Bruce A. Elmore, Sr. and Ronald W. Mack, Asheville, for defendant-appellant.

BECTON, Judge.

The defendant, Bobby Allen Raines, a charge nurse at Memorial Mission Hospital in Asheville, North Carolina, was charged with second-degree rape and second-degree sexual offense of one of the patients under his care. The trial court submitted the case to the jury on alternative theories that the defendant raped and committed a second-degree sexual offense on the victim: (1) "by force and against her will" or (2) who was "physically helpless." The defendant...

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