STATE v. McGAHA

No. 109PA82.

295 S.E.2d 449 (1982)

STATE of North Carolina v. Gene McGAHA.

Supreme Court of North Carolina.

October 5, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. W. Dale Talbert, Raleigh, for the State.

Haywood, Denny & Miller by Charles H. Hobgood and George W. Miller, Jr., Durham, for defendant-appellant.


CARLTON, Justice.

Gene McGaha, a forty-year-old college graduate, was indicted for committing a sex offense under G.S. 14-27.4(a)(1) (1981). The statute states that "[a] person is guilty of a sexual offense in the first degree if the person engages in a sexual act: (1) [w]ith a victim who is a child of the age of 12 years or less ...." (Emphasis added.) The indictment alleged that the victim was "a child 12 years 8 months old and thus of the age of 12 years...

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