The case came on for trial at the 16 March 1992 Criminal Session of Guilford County Superior Court. Defendant denied raping Ms. Williams. At the conclusion of the evidence, the trial court conducted a charge conference. I assume under the substantive issues it would be guilty of second degree rape. We do not, Judge.
State agrees with that.
Following the charge conference and the closing arguments of counsel, the trial court instructed the jury on second degree rape. After deliberating for two days, on 1 April 1992 the jury announced that it was unable to reach a unanimous verdict and the trial court declared a mistrial. The Grand Jury returned true bills in each case. The State responded to this motion with a written memorandum of law filed 25 June 1993 and defendant filed an amended motion to dismiss on the grounds of double jeopardy and failure to join offenses in a memorandum of law filed 29 July 1993. The State submitted additional cases for the court to consider, and defendant filed a supplement to his memorandum of law on 2 September 1993.