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STATE v. BULLARD

No. 8813SC1246.

389 S.E.2d 123 (1990)

97 N.C. App. 496

STATE of North Carolina v. Danny K. BULLARD. and STATE of North Carolina v. David Alton BULLARD.

Court of Appeals of North Carolina.

March 6, 1990.

Attorney(s) appearing for the Case

Attorney Gen. Thornburg by Associate Atty. Gen. Richard A. Love, Raleigh, for the State.

Fairley, Jess & Isenberg by Ray H. Walton and William F. Fairley, Southport, for defendants-appellants.

PHILLIPS, Judge.

Each defendant was convicted of first-degree sexual offense in violation of G.S. 14-27.4. The only question presented by this appeal is whether the court erred in failing to submit to the jury, as defendants requested, an issue as to the lesser included offense of second-degree sexual offense. Under G.S. 14-27.5(a)(1), engaging in a sexual act with another person "[b]y force and against the will of the other person" is a second-degree sexual offense...

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