Tuesday, February 26, 2013

State v. Alston case brief

State v. Alston case brief summary
310 N.C. 399

PROCEDURAL POSTURE: Criminal defendant appealed the affirmation by the Court of Appeals (North Carolina) of his conviction in the trial court of kidnapping and second degree rape.

OVERVIEW: Defendant was convicted of second-degree rape and kidnapping. Defendant appealed and argued evidence was insufficient to support his convictions. Court agreed.

Although victim's general fear of defendant may have been justified by his conduct on prior occasions, absent evidence that defendant used force or threats to overcome will of victim to resist sexual intercourse alleged to have been rape, such general fear was not sufficient to show defendant used force required to support conviction of rape.

Court held prosecution's evidence was sufficient to show act of sexual intercourse in question was against victim's will but it was insufficient to show act was accomplished by actual force or by threat to use force unless she submitted to sexual intercourse. In order to establish kidnapping, prosecution had to prove defendant removed victim for purpose of committing rape. Court held evidence was insufficient to show defendant removed victim for such a purpose.

OUTCOME: The court reversed the affirmance of defendant's conviction for kidnapping and second-degree rape and remanded action for the entry of directed verdicts in favor of defendant holding that the evidence was insufficient to support his conviction of either crime.
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