State v. Corbett

MEYER, Justice.

We will discuss each defendant’s assignments of error separately.

Defendant Rhone

This defendant first contends that the indictment charging him with first degree rape was fatally defective for failure to allege the averment “with force and arms” which, he maintains, is required under G.S. § 15-144.1 (Cum. Supp. 1981). He further contends that “since the indictment was fatally defective, the charge to the jury and the entry of verdicts and judgment against [him] which were based on the indictment are equally defective and must be reversed.” We do not agree.

In support of his…