G.S.14-27.2 Example Case

In State v. Powell, 306 N.C. 718, 295 S.E.2d 413 (1982), the defendant argued that there was no testimony at trial that defendant "employed" or "displayed" a deadly or dangerous weapon in order to effectuate the rape. In fact, the victim testified on cross-examination that after leaving her kitchen, she did not see the knife and did not know what had happened to it. However, the Court reasoned: Defendant . . . brandished a five to six inch knife blade and held the knife to the victim's throat. . . . Defendant warned the victim not to resist. Shortly thereafter, in an upstairs bedroom and without her consent, the victim was forced to submit to the sexual act. Under these circumstances, we hold that the State presented sufficient evidence that a dangerous or deadly weapon was employed in a manner consistent with that contemplated by G.S. 14-27.2 to accomplish the offense.Id. at 723, 295 S.E.2d at 416.