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State v. Alston

Supreme Court of North Carolina
312 S.E.2d 470 (1984)


Facts

Cottie Brown, the victim, was in a consensual sexual relationship with Alston (defendant). Around May 15, 1981, Alston hit Brown after she refused to give him money. Brown moved out of the apartment she shared with him and went to live with her mother. On June 15, 1981, Alston showed up at the school Brown attended and told her to walk with him. Brown expressed that she did not want to walk with Alston but later testified that she was too afraid to leave. At one point, Alston threatened to “fix” her face due to her mother’s interference in their relationship. When Brown attempted to end the relationship, Alston demanded that they have sex. Brown did not say anything. Alston proceeded to lead her to a friend’s house where they had previously gone to have sex. Brown told him she did not want to have sex but she did not try to push him away. Brown reported the incident to police later that day.

Rule of Law

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Issue

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Holding and Reasoning (Mitchell, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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