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STATE v. ESTES

No. 8930SC1260.

393 S.E.2d 158 (1990)

99 N.C. App. 312

STATE of North Carolina v. Thomas Andrew ESTES.

Court of Appeals of North Carolina.

July 3, 1990.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Elizabeth G. McCrodden and Associate Atty. Gen. Alexander M. Peters, Raleigh, for the State.

Whalen, Hay, Pitts, Hugenschmidt, Master, Devereux & Belser, P.A. by David G. Belser, Asheville, for defendant-appellant.

LEWIS, Judge.

Defendant first assigns as error the trial court's failure to dismiss the charge of first degree sexual offense as defined by G.S. 14-27.4. Pursuant to G.S. 14-27.1, the term "sexual act" is defined in pertinent part as follows:

"Sexual act" means cunnilingus, fellatio, ananlingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening...

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