STATE v. LOUDNER

No. 8521SC83.

335 S.E.2d 78 (1985)

STATE of North Carolina v. Edward Lynn LOUDNER.

Court of Appeals of North Carolina.

October 15, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Jane Rankin Thompson, Raleigh, for State.

Victor M. Lefkowitz, Winston-Salem, for defendant-appellant.


PHILLIPS, Judge.

Defendant was convicted of engaging in a sex act with a person in his custody, a stepdaughter, in violation of G.S. 14-27.7, and sentenced to four years in prison. While the indictment in pertinent part alleged that defendant engaged "in a sexual act, to wit: performing oral sex" on the child involved, the State's evidence showed only that the defendant placed his finger in her vagina, which by definition is a separate sex offense under the terms...

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