STATE v. WOOD

No. 539A83.

319 S.E.2d 247 (1984)

311 N.C. 739

STATE of North Carolina v. Dennis Kyle WOOD.

Supreme Court of North Carolina.

August 28, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David Gordon, Greenville, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Lorinzo L. Joyner, Raleigh, for defendant-appellant.


COPELAND, Justice.

Defendant first contends that the evidence was insufficient to convict him of first degree rape inasmuch as the State failed to prove that the rape occurred on 18 April as alleged in the indictment.

Defendant correctly points out that the victim, a nine year old child, was unable to testify with certainty as to the date of the offense. She testified that it was on a weekend sometime prior to the Memorial Day weekend offenses and that she...

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