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STATE v. HOOPER

No. 9021SC789.

406 S.E.2d 643 (1991)

103 N.C. App. 662

STATE of North Carolina, Plaintiff-Appellee, v. Jerry HOOPER, Defendant-Appellant.

Court of Appeals of North Carolina.

August 6, 1991.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Karen E. Long, Raleigh, for the State.

David F. Tamer, Winston-Salem, for defendant-appellant.

PHILLIPS, Judge.

Defendant was convicted of attempted second degree rape in violation of G.S. 14-27.6 and second degree kidnapping in violation of G.S. 14-39. The sex offense was based upon allegations in the indictment that the victim, Vauteria Elaine Moseley, was mentally defective, see G.S. 14-27.1, G.S. 14-27.5, and that defendant knew or should have known that. The evidence, all by the State, tends to establish all the facts alleged. Defendant contends...

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