STATE v. FEARING

No. 68A85.

337 S.E.2d 551 (1985)

315 N.C. 167

STATE of North Carolina v. Francis Vesper FEARING.

Supreme Court of North Carolina.

December 10, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Ellen B. Scouten, Asst. Atty. Gen., Raleigh, for the State.

Gerald L. Bass, Raleigh, for defendant-appellant.

Adam Stein, Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, amicus curiae.

Interact, Inc. by Lou A. Newman, Apex and Thomas W. Jordan, Jr., Raleigh, amicus curiae.


MEYER, Justice.

The defendant was charged with first-degree rape, incest, and taking indecent liberties with his three-year-old daughter. A neighbor had discovered the victim wandering outdoors on a cold October morning wearing only a nightgown and panties. A medical examination of the child revealed indications of sexual abuse.

Prior to the trial of this case, the State filed a motion entitled "Motion in Limine to Allow Witnesses to Testify" seeking...

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