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STATE v. TAYLOR

No. 857SC844.

339 S.E.2d 859 (1986)

STATE of North Carolina v. Jessie Lee TAYLOR.

Court of Appeals of North Carolina.

March 4, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. Archie W. Anders, Dept. of Justice, Raleigh, for the State.

Malcolm Ray Hunter, Jr., Acting Appellate Defender by Asst. Appellate Defender Gordon Widenhouse, Raleigh, for defendant-appellant.

WHICHARD, Judge.

Defendant contends the court erred in failing to instruct on the lesser included offense of attempted second degree rape. "`The sole factor determining the judge's obligation to give such an instruction is the presence, or absence, of any evidence in the record which might convince a rational trier of fact to convict the defendant of a less grievous offense.'" State v. Peacock, 313 N.C. 554, 558,

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