STATE v. BRITT

No. 8816SC518.

377 S.E.2d 79 (1989)

STATE of North Carolina v. Michael Ray BRITT.

Court of Appeals of North Carolina.

March 7, 1989.


Attorney(s) appearing for the Case

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

Geoffrey C. Mangum, Winston-Salem, for defendant-appellant.


EAGLES, Judge.

In this child sexual abuse case defendant presents numerous assignments of error. We hold that the trial court erred in instructing the jury as to the first degree sexual offense and indecent liberties charges. Accordingly, we reverse and remand for a new trial on those charges; otherwise, we find no prejudicial error.

The evidence for the State tended to show the following. Defendant and his wife, Martha, separated on 9 December 1983 with Martha...

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