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STATE v. WEAVER

No. 24A81.

295 S.E.2d 375 (1982)

STATE of North Carolina v. Henry WEAVER.

Supreme Court of North Carolina.

October 5, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Nonnie F. Midgette, Raleigh, for the State.

Appellate Defender Adam Stein and Ann Petersen, Raleigh, admitted pro hac vice, for defendant-appellant.

CARLTON, Justice.

The primary question on this appeal is whether the offenses of taking indecent liberties with a child under the age of sixteen, G.S. 14-202.1 (1981); assaulting a child under the age of twelve, G.S. 14-33(b)(3) (1981); and assault on a female by a male over the age of eighteen, G.S. 14-33(b)(2) (1981), are lesser included offenses of first-degree rape of a child of the age of twelve or less, G.S. 14-27.2(a)(1) (1981).

I.

Evidence...

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