State v. Rick

LAKE, Justice.

Defendant was indicted on 14 September 1992 for the first-degree murder and second-degree rape of Erma Carol Rose and second-degree burglary. Before trial, the State reduced the first-degree murder charge to second-degree murder, and after the State rested its case, the trial court granted defendant’s motion to dismiss the charge of second-degree rape but denied defendant’s motion to dismiss the lesser-included offense of attempted second-degree rape. The jury returned verdicts of guilty of second-degree murder, second-degree burglary and attempted second-degree rape. The trial…