State v. Smith

*130EAGLES, Judge.

I

Defendant first argues that the trial court erred by denying his motion to dismiss the indictment in 91CrS3100 (first degree sexual offense) because the indictment failed to properly allege an offense as required by G.S. § 15-144.2 and G.S. § 15A-924. Specifically, defendant argues that the indictment was insufficient under G.S. § 15-144.2, G.S. § 15A-924 and State v. Dillard, 90 N.C. App. 320, 368 S.E.2d 422 (1988), because it failed to allege that the offense was committed with force and arms.

In State v. Corbett, 307 N.C. 169, 297 S.E.2d 553 (1982), our Supreme Court…