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STATE v. DAVIS

No. 8726SC1245.

368 S.E.2d 52 (1988)

STATE of North Carolina v. Clifton Delane DAVIS.

Court of Appeals of North Carolina.

May 17, 1988.

Attorney(s) appearing for the Case

Atty. Gen., Lacy H. Thornburg by Asst. Atty. Gen., K.D. Sturgis, Raleigh, for State.

Asst. Public Defender, Marc D. Towler, and First Asst. Public Defender, James Gronquist, Charlotte, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant first contends the trial court erred "by denying defendant's motion to dismiss the charge of first degree burglary where the State's evidence failed to show `some overt manifestation of an intended forcible sexual gratification' and therefore failed to prove an intent to commit rape as alleged in the indictment." In support of this contention defendant cites State v. Rushing, 61 N.C. App. 62

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