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STATE v. FOUST

No. COA11-1067.

724 S.E.2d 154 (2012)

STATE of North Carolina v. Robert Mitchell FOUST.

Court of Appeals of North Carolina.

April 17, 2012.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Laura E. Parker, for the State.

Cheshire, Parker, Schneider, & Bryan, P.L.L.C., Raleigh, by Maitri "Mike" Klinkosum, for Defendant.

HUNTER, JR., ROBERT N., Judge.

I. Factual & Procedural Background

On 15 February 2010, Robert Mitchell Foust ("Defendant") was indicted for first degree rape. Defendant pled not guilty, and the case came on for trial before Judge James E. Hardin, Jr. on 16 August 2010. The State's evidence at trial tended to show the following.

In late September 2008, Donna Toomes' fiancé passed away from liver cancer. Not long after that, in September or...

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