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STATE v. GETWARD

No. 875SC732.

365 S.E.2d 209 (1988)

STATE of North Carolina v. Samuel Leon GETWARD.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Robin A. Perkins, Raleigh, for the State.

William H. Dowdy, Wilmington, for defendant-appellant.

SMITH, Judge.

Defendant assigns as error the trial court's submission of the rape charge to the jury on the grounds that the requirements of G.S. 14-27.8 pertaining to interspousal rape were not sufficiently alleged in the indictment nor sufficiently proven at trial. We disagree that the rape indictment was insufficient but hold that G.S. 14-27.8 barred defendant's prosecution for rape.

The rape indictment against defendant stated that defendant "unlawfully...

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