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STATE v. OLIVER

No. 8615SC673.

354 S.E.2d 527 (1987)

STATE of North Carolina v. Jean C. Smith OLIVER and Richard Thomas Brummitt.

Court of Appeals of North Carolina.

April 7, 1987.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Philip A. Telfer, Raleigh, for the State.

Raiford & Harviel by Ernest J. Harviel, Burlington, for defendant-appellant Oliver.

Frederick J. Sternberg, Graham, for defendant-appellant Brummitt.

GREENE, Judge.

Defendants Oliver and Brummitt were arrested and charged with several counts of sex-related offenses committed against defendant Oliver's daughter. State's evidence showed Oliver's daughter had a full scale IQ of 66 or less. The indictments alleged the offenses occurred on a date between 19 December 1984 and 15 April 1985 but did not name a specific day. Before trial, each defendant moved to dismiss the charges. They argued the indictments were defective...

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