State v. Hines

BRANCH, Justice.

Defendants assign as error the failure of the trial judge to grant their motions for nonsuit.

Rape is the carnal knowledge of a female person by force and against her will. The force necessary to constitute rape need not be physical force. Fear, fright, or coercion may take the place of force. State v. Flippin, 280 N.C. 682, 186 S.E. 2d 917; State v. Primes, 275 N.C. 61, 165 S.E. 2d 225; State v. Carter, 265 N.C. 626, 144 S.E. 2d 826; State v. Thompson, 227 N.C. 19, 40 S.E. 2d 620.

In passing upon a motion for judgment as of nonsuit, the trial judge must consider all the…