State v. Winnex

WELLS, Judge.

In his first assignment of error, defendant contends that the trial court erred in its “determination” as to the necessary evidence to sustain the charges of first degree kidnapping, first degree attempted rape, and first degree rape.

Defendant argues, inter alia, that the trial judge violated the constitutional prohibition against double jeopardy by using facts which tend to prove the attempted first degree rape of Ms. Pagett to establish the elements of the first degree kidnapping of Ms. Pagett. A similar argument was rejected by our Supreme Court in State v. Williams, 295 N.C.…