State v. Wilson

The opinion of the court was delivered by

Wertz, J.:

The defendant (appellant), Earl Wilson, David McCleveland and Eugene Artry were jointly charged in three separate counts of an information: Count one was kidnapping the complaining witness, Connie Porting, and inflicting bodily harm upon her in violation of G. S. 1959 Supp., 21-449; count two was forcible rape upon Connie Porting (G. S. 1949, 21-424), and count three was assault upon her with intent to kill. At defendant’s request a severance was had. He was separately tried and convicted of kidnapping in the first degree, and the jury, under…