Summary
finding no error in refusal to instruct on attempted first degree rape where evidence showed only that defendant raped his niece
Summary of this case from State v. GrahamOpinion
1990
finding no error in refusal to instruct on attempted first degree rape where evidence showed only that defendant raped his niece
Summary of this case from State v. Graham1990
finding no error in refusal to instruct on attempted first degree rape where evidence showed only that defendant raped his niece
Summary of this case from State v. GrahamFull title:PETITIONS FOR DISCRETIONARY REVIEW
Court:Supreme Court of North Carolina
Date published: Jan 1, 1990
We disagree. The transcript reveals that the trial court based its decision upon this Court's opinion in…
State v. GrahamWe disagree. "Whether instruction on a lesser included offense is proper depends solely on whether there is…