STATE v. BOOHER

No. 42A81.

290 S.E.2d 561 (1982)

STATE of North Carolina v. Jerry Francisco BOOHER.

Supreme Court of North Carolina.

May 4, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by William W. Melvin, Deputy Atty. Gen., and William B. Ray, Asst. Atty. Gen., Raleigh, for the State.

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


EXUM, Justice.

The question dispositive of this appeal is whether the evidence was sufficient to be submitted to the jury on the question of defendant's guilt of a first degree sexual offense. We conclude that it was not.

The state's evidence consisted almost entirely of the testimony of Timothy Moore. According to Moore, he first met defendant on 30 May 1980 at a "Welcome Aboard" meeting upon Moore's arrival at...

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