MATTER OF SWINDELL

No. 367PA89.

390 S.E.2d 134 (1990)

326 N.C. 473

In the Matter of Antoine SWINDELL.

Supreme Court of North Carolina.

April 5, 1990.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by John R. Corne, Asst. Atty. Gen., for the Division of Youth Services, Dept. of Human Resources.

David B. Wilson, Salisbury, for juvenile-appellant.

Lacy H. Thornburg, Atty. Gen., Raleigh by T. Lane Mallonee, Black Mountain, Asst. Atty. Gen., for the Div. of Social Services, Dept. of Human Resources.

Lacy H. Thornburg, Atty. Gen. by Doris J. Holton, Raleigh, Asst. Atty. Gen., for State-appellee.


MARTIN, Justice.

Our decision does not require an extensive recital of the facts. In brief, the evidence showed that Antoine Swindell, age thirteen, was adjudicated delinquent on 16 June 1989 on a petition alleging he raped his eleven-year-old female cousin. Antoine is mildly retarded, has an IQ of 57, and has repeated the first, second, and third grades. He resides with his mother and three sisters and has not seen his father in ten years. This was Antoine's first...

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