STATE v. JONES

No. 113A87.

369 S.E.2d 822 (1988)

STATE of North Carolina v. Charlie James JONES.

Supreme Court of North Carolina.

June 30, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Martha K. Walston, Associate Atty. Gen., Raleigh, for the State.

Lawrence D. Graham, Taylorsville, for defendant-appellant.


FRYE, Justice.

We find one issue dispositive in this case. Defendant argues that the admission into evidence of past acts of sexual misconduct by defendant, though arguably similar to those of the case sub judice, was improper under the North Carolina Rules of Evidence because the prior acts were so remote in time that their probative effect was outweighed by the prejudice visited upon him. We agree and accordingly order a new trial.

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