State v. Degree

WHICHARD, Justice.

Defendant was convicted of first degree rape, N.C.G.S. § 14-27.2(a)(1) (1986), and sentenced to life imprisonment. We find no error.

The State’s evidence, in pertinent part, showed the following:

On 13 September 1986 the victim, age eleven, spent the night with defendant’s sister, Tenisha Degree, age twelve, at the home of defendant’s mother. The victim slept in a bed with the sister, but the sister got up and left the room sometime during the night.

Defendant came into the room and lay down on top of the victim. He tried to pull up the victim’s skirt, to pull down her…