STATE v. TORAIN

No. 284A85.

340 S.E.2d 465 (1986)

STATE of North Carolina v. Nathaniel Lee TORAIN.

Supreme Court of North Carolina.

March 5, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Evelyn M. Coman, Asst. Atty. Gen., Raleigh, for State.

Malcolm Ray Hunter, Jr., Appellate Defender by Louis D. Bilionis, Asst. Appellate Defender, Raleigh, for defendant-appellant.


MEYER, Justice.

Defendant raises two issues for resolution by this Court. He first contends that he was deprived of his constitutional rights to due process and a fair trial by jury when the trial court, in its charge to the jury on the offense of first-degree rape, removed from the case an essential element of the crime—that the defendant employed or displayed a dangerous or deadly weapon. Second, defendant argues...

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