State v. Rushing

In State v. Rushing, 61 N.C. App. 62, 300 S.E.2d 445, aff'd per curiam, 308 N.C. 804, 303 S.E.2d 822 (1983), a shirtless defendant entered the victim's bedroom window at night while she was sleeping. He told the victim, "Don't holler, don't scream, I got a gun, I'll shoot you." Id. at 63, 300 S.E.2d at 447. When the victim moved away to the head of her bed, defendant grabbed her arm. When she tried to turn on the light, defendant ordered her not to move. When the victim began to scream, defendant covered her mouth with his hand. He fled only when the victim's child started to scream. We found the evidence insufficient to permit an inference that the defendant entered the victim's dwelling with the intent to commit rape. Id. at 67, 300 S.E.2d at 449.