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STATE v. PAYNE

No. 95.

185 S.E.2d 116 (1971)

280 N.C. 150

STATE of North Carolina v. Paul PAYNE.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Thomas B. Wood, Asst. Atty. Gen., for the State.

Ottway Burton, Asheboro, for defendant appellant.

HIGGINS, Justice.

The victim of the alleged assault was 9 years of age. The defendant was 15 years, 11 months and 27 days of age. He weighed 155 to 160 pounds. Because of the tender age of the victim and the nature of the charge, the court had discretionary authority, and exercised it properly, to permit the solicitor to ask leading questions. State v. Clanton, 278 N.C. 502, 180 S.E.2d 5; State v...

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