STATE v. FINNEY

No. 258A03.

591 S.E.2d 863 (2004)

358 N.C. 79

STATE of North Carolina v. Steven Mark FINNEY.

Supreme Court of North Carolina.

February 6, 2004.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by David N. Kirkman, Assistant Attorney General, for the State.

Miles & Montgomery, by Mark Montgomery and Lisa Miles, Durham, for defendant-appellant.


WAINWRIGHT, Justice.

On 22 January 2001, Steven Mark Finney (defendant) was indicted for first-degree rape. The indictment alleged that on 23 November 2000, defendant raped his wife, Virginia Finney (victim). Defendant was tried before a jury at the 15 October 2001 Criminal Session of Superior Court, Henderson County. The evidence at trial tended to show the following: On the night in question, defendant came home late. Defendant was drunk and a quarrel occurred between...

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