State v. Mayse

LEWIS, Judge.

Defendant addresses five assignments of error in his appeal.

I: Dismissal of the first-degree rape charge.

The defendant moved for dismissal of the first-degree rape charge at the close of the State’s case and contends on appeal that the trial court erred in denying that motion. First-degree rape is defined in North Carolina in G.S. § 14-27.2 in pertinent part as follows:(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse:(2) With another person by force and against the will of the other person, and:

a. Employs or displays a dangerous or…