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STATE v. McCARTY

No. 266PA89.

392 S.E.2d 359 (1990)

326 N.C. 782

STATE of North Carolina v. Billy William McCARTY.

Supreme Court of North Carolina.

June 13, 1990.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Debra C. Graves, Associate Atty. Gen., Raleigh, for the State appellant.

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Asst. Appellate Defender, Raleigh, for defendant-appellant and appellee.

WEBB, Justice.

We hold that pursuant to State v. Hartness, 326 N.C. 561, 391 S.E.2d 177 (1990) we are bound to reverse the Court of Appeals. Hartness involved a conviction of taking indecent liberties with a child. A charge was given similar to the charge in this case. We held there was no error in the charge. For the reasons given in Hartness we hold there was not error in the...

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