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STATE v. BYRD

No. 159A83.

305 S.E.2d 724 (1983)

STATE of North Carolina v. Sheree Vonelle Suddreth BYRD and Joseph Allen Byrd.

Supreme Court of North Carolina.

August 9, 1983.

Attorney(s) appearing for the Case

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

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

W.C. Palmer, Lenoir, for defendant-appellant Joseph Allen Byrd.

BRANCH, Chief Justice.

Each defendant assigns as error the trial judge's denial of their respective motions to dismiss at the close of the State's evidence.

G.S. 14-318.2 provides:

(a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury...

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