State v. Hosey

JOHNSON, Judge.

Defendant assigns error to the trial court’s denial of his motion to dismiss the case upon the charge of rape. Defendant contends the State did not produce substantial evidence that he had vaginal intercourse with Rita by force and against her will. When a court considers a defendant’s motion to dismiss, the evidence must be considered in the light most favorable to the State and the State is entitled to every reasonable inference to be drawn therefrom. See State v. Easterling, 300 N.C. 594, 268 S.E. 2d 800 (1980).

In the case sub judice the State’s evidence consisting primarily…