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STATE v. DRUMMOND

No. 8514SC1307.

344 S.E.2d 328 (1986)

STATE of North Carolina v. Duane DRUMMOND.

Court of Appeals of North Carolina.

June 17, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. David Gordon, Raleigh, for the State.

Darryl Smith, Durham, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant contends that the trial court erred in denying defendant's motion to dismiss because the evidence of defendant's age and of penetration was insufficient to support a judgment of delinquency.

The juvenile petition issued in this case states in pertinent part:

3. The following offense(s) or condition(s) is/are alleged: That the above named child is a delinquent child as defined by G.S. 7A-517(12) in that at...

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