STATE v. HOWARD

No. 757A85.

343 S.E.2d 538 (1986)

STATE of North Carolina v. Floyd HOWARD.

Supreme Court of North Carolina.

June 3, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Norma S. Harrell, Asst. Atty. Gen., and David S. Crump, Sp. Deputy Atty. Gen., Raleigh, for state.

John I. Jay, Waynesville, for defendant.


PER CURIAM.

Defendant was tried and convicted pursuant to N.C.G.S. § 14-27.2 of rape of a "child under the age of 13 years" upon a bill of indictment which alleged that the offense occurred on 15 February 1983. This statute was amended effective 1 October 1983 by substituting "a child under the age of 13 years" for "a child of the age of 12 years or less." At the time of this alleged offense, the prior statute controlled. The bill of indictment in this case,...

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