State v. Dull

COPELAND, Justice.

In the first two assignments of error the defendant contends that the court erred in denying his motion for nonsuit made at the close of the State’s case and at the close of all the evidence as to both rape and kidnapping. In essence he says the State failed to prove the essential element of procuring sub mission by the use of a deadly weapon as to the rape charge, or the use of force in the kidnapping charge.

The defendant was tried and convicted for first-degree rape under the provisions of G.S. 14-21 (a) (2) (Chapter 1201, Session Laws of 1973, effective 8 April 1974),…