STATE v. WARD

No. 904SC1199.

410 S.E.2d 210 (1991)

104 N.C. App. 550

STATE of North Carolina v. James H. WARD.

Court of Appeals of North Carolina.

November 19, 1991.


Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Associate Atty. Gen. V. Lori Fuller, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Mark D. Montgomery, Raleigh, for defendant.


LEWIS, Judge.

Defendant was indicted on 16 January 1990 for one count of rape and one count of kidnapping. He was tried by a jury and found not guilty of kidnapping but convicted of second degree rape and sentenced to forty years.

At trial, the State's evidence tended to show that the alleged victim went to a party with defendant on the night of 2 July 1989. She drove as they left her house at 10:00 p.m. They went to three different clubs where defendant drank...

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