State v. Washington

BOBBITT, Chief Justice.

Defendant was convicted at the 13 November 1972 Session of felonies committed on 2 August 1972. Both events occurred after the decision of the Supreme Court of the United States in Furman v. Georgia, 408 U.S. 238, 33 L.Ed. 2d 346, 92 S.Ct. *1822726 (29 June 1972), and before the decision of this Court in State v. Waddell, 282 N.C. 431, 194 S.E. 2d 19 (18 January 1973).

With reference to the indictment for rape, the court instructed the jury: “You may find the defendant guilty of rape or not guilty,” and “if you return a verdict of guilty of rape, the law provides that…