STATE v. BAKER

No. 9215SC39.

428 S.E.2d 216 (1993)

109 N.C. App. 557

STATE of North Carolina, Plaintiff, v. Christopher BAKER, Defendant.

Court of Appeals of North Carolina.

April 6, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Sp. Deputy Atty. Gen., Philip A. Telfer, Raleigh, for the State.

Glover & Peterson, P.A., by James R. Glover, Chapel Hill, for defendant-appellant.


MARTIN, Judge.

Defendant first assigns error to the trial court's denial of his motions to dismiss the charge of first degree rape. He argues that "[t]he evidence was not sufficient to prove beyond a reasonable doubt that the defendant inflicted `serious personal injury' of the kind which distinguishes first degree rape from second degree rape." For the reasons set forth below, we agree and order that the judgment sentencing defendant to life imprisonment for first...

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