STATE v. HILL

No. 8212SC226.

296 S.E.2d 17 (1982)

STATE of North Carolina v. Odell R. HILL.

Court of Appeals of North Carolina.

October 19, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. David S. Crump, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Malcolm R. Hunter, Jr., Raleigh, for defendant-appellant.


WEBB, Judge.

The defendant first assigns error to the court's submitting to the jury the charge of crime against nature. He argues that a crime against nature is not a lesser included offense of a first degree sexual offense for which he was tried. If a person is indicted for an offense, he may be convicted of that offense or any lesser included offense if proof of the crime for which he was indicted would prove every element of the lesser offense. If the lesser offense...

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