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STATE v. RICK

No. 226PA94.

463 S.E.2d 182 (1995)

342 N.C. 91

STATE of North Carolina v. George McCall RICK.

Supreme Court of North Carolina.

November 3, 1995.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Valerie B. Spalding, Assistant Attorney General, for the State-appellant.

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Assistant Appellate Defender, Durham, for defendant-appellee.

LAKE, Justice.

Defendant was indicted on 14 September 1992 for the first-degree murder and second-degree rape of Erma Carol Rose and second-degree burglary. Before trial, the State reduced the first-degree murder charge to second-degree murder, and after the State rested its case, the trial court granted defendant's motion to dismiss the charge of second-degree rape but denied defendant's motion to dismiss the lesser-included offense of attempted second-degree rape...

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