#### STATE OF NORTH CAROLINA v. LEON BROWN

No. 528A93

(Filed 10 Febrary 1995)

Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 112 N.C. App. 390, 436 S.E.2d 163 (1993), finding no error in defendant’s trial resulting in a verdict of guilty of first-degree rape and a judgment of life imprisonment entered by Johnson (E. Lynn), J., on 10 June 1992 in Superior Court, Bladen County. Heard in the Supreme Court 14 September 1994.

Michael F. Easley, Attorney General, by William N. Farrell, Jr., Senior Deputy Attorney General, for the State.

Thomas K. Maher for defendant-appellant.

Tharrington, Smith & Hargrove, by Roger W. Smith, for North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

AFFIRMED.

Justices Lake and Orr did not participate in the consideration or decision of this case.