State v. Lee

SHARP, Justice.

The rape case is before this Court on direct appeal from the Superior Court under G.S. 7A-27 (a). Because the armed-robbery case was tried at the same time, we certified it for initial appellate review by the Supreme Court under G.S. 7A-81 (a).

Defendant’s first assignment of error is to the following instruction: “If you find from the evidence and beyond a rea sonable doubt that the defendant, Jesse Lee, is guilty of rape as charged in the bill of indictment, it would be your duty to return such a verdict as charged in the bill of indictment.” The contention is that in the…