STATE v. SMITH

No. COA04-587.

613 S.E.2d 304 (2005)

STATE of North Carolina v. William Beach SMITH.

Court of Appeals of North Carolina.

June 7, 2005.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General John G. Barnwell, for the State.

Bruce T. Cunningham, Jr., Southern Pines, George Hughes, and Joseph Blount Cheshire, V, Raleigh, for defendant-appellant.


HUNTER, Judge.

William Beach Smith ("defendant") contends the trial court unconstitutionally relieved the State of its burden to prove all elements of second degree rape beyond a reasonable doubt by instructing the jury: "Force and lack of consent are implied in law if at the time of the vaginal intercourse the victim is sleeping or similarly incapacitated." After careful review, we conclude the trial court's instruction...

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