State v. Davis

HEDRICK, Chief Judge.

Defendant first contends the trial court erred “by denying defendant’s motion to dismiss the charge of first degree burglary where the State’s evidence failed to show ‘some overt manifestation of an intended forcible sexual gratification’ and therefore failed to prove an intent to commit rape as alleged in the indictment.” In support of this contention defendant cites State v. Rushing, 61 N.C. App. 62, 300 S.E. 2d 445, aff’d per curiam, 308 N.C. 804, 303 S.E. 2d 822 (1983), and State v. Freeman, 307 N.C. 445, 298 S.E. 2d 376 (1983).

In order to support a verdict of guilty…