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STATE v. ATKINS

No. COA07-1134.

666 S.E.2d 809 (2008)

STATE of North Carolina v. Larry James ATKINS.

Court of Appeals of North Carolina.

October 7, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Olga Vysotskaya, for the State.

Cheshire, Parker, Schneider, Bryan & Vitale, by John Keating Wiles, Raleigh, for defendant-appellant.

McCULLOUGH, Judge.

Defendant Larry James Atkins ("defendant") was tried before a jury at the 26 February 2007 Criminal Session of Wayne County Superior Court after being charged with two counts of second-degree rape and one count of first-degree burglary.

The relevant evidence tended to show the following: eighty-three-year-old, Vera P. Brown ("Brown") lived alone at 1106 Atlantic Avenue, Goldsboro, North Carolina...

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