STATE v. DEGREE

No. 635A87.

367 S.E.2d 679 (1988)

STATE of North Carolina v. Bernard Darrill DEGREE.

Supreme Court of North Carolina.

May 5, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Linda Anne Morris, Associate Atty. Gen., Raleigh, for the State.

E.X. de Torres, Newton, for defendant-appellant.


WHICHARD, Justice.

Defendant was convicted of first degree rape, N.C.G.S. § 14-27.2(a)(1) (1986), and sentenced to life imprisonment. We find no error.

The State's evidence, in pertinent part, showed the following:

On 13 September 1986 the victim, age eleven, spent the night with defendant's sister, Tenisha Degree, age twelve, at the home of defendant's mother. The victim slept in a bed with the sister, but the sister got up and left the room...

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