STATE v. BROWN

No. 459PA91.

420 S.E.2d 147 (1992)

332 N.C. 262

STATE of North Carolina v. John BROWN.

Supreme Court of North Carolina.

September 4, 1992.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., by Timothy D. Nifong, Asst. Atty. Gen., Raleigh, for State-appellant.

Malcolm Ray Hunter, Jr., Appellate Defender by Teresa A. McHugh, Asst. Appellate Defender, Raleigh, for defendant-appellee Brown.


MITCHELL, Justice.

On discretionary review before this Court, the State first argues that it met its burden of proof at trial as to all essential elements of the crime of second-degree sexual offense. The Court of Appeals concluded that no substantial evidence was introduced at trial to support a reasonable finding that the defendant in the present case used force in the commission of the offense charged. For that reason, the Court of Appeals concluded that the defendant...

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