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STATE v. YOUNG

No. 834SC169.

312 S.E.2d 665 (1984)

STATE of North Carolina v. Barbara Jean YOUNG.

Court of Appeals of North Carolina.

March 6, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jane Rankin Thompson, Raleigh, for the State.

Timothy E. Merritt, Jacksonville, for defendant-appellant.

PHILLIPS, Judge.

Defendant, indicted for felonious child abuse under G.S. 14-318.4, requested the trial judge to also submit an issue and instruct the jury with respect to misdemeanor child abuse under G.S. 14-318.2. The judge denied the request and submitted only the felony child abuse issue, which the jury answered against defendant. Since the felony child abuse indictment against defendant embraced the lesser included offense of misdemeanor child abuse and the...

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