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STATE v. TRENT

No. 81A86.

359 S.E.2d 463 (1987)

320 N.C. 610

STATE of North Carolina v. Lee R. TRENT, III.

Supreme Court of North Carolina.

September 3, 1987.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Stephen F. Bryant, Asst. Atty. Gen., Raleigh, for the State.

Fitch, Butterfield & Wynn by James A. Wynn, Jr., and Milton F. Fitch, Jr., Wilson, for defendant-appellant.

FRYE, Justice.

We find two issues dispositive in this case. First, we hold that the indictment for first degree rape was fatally defective, and judgment must therefore be arrested in that case. Second, we hold that reversible error occurred during the testimony of the state's medical expert.

Defendant was indicted on 19 August 1985 for taking indecent liberties with a minor, his daughter, in 1980, and for first degree rape of that same daughter in 1981. These...

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