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STATE v. GROSS

No. 9025SC1137.

408 S.E.2d 531 (1991)

104 N.C. App. 97

STATE of North Carolina v. Andrew Wayne GROSS.

Court of Appeals of North Carolina.

September 17, 1991.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Charles M. Hensey, for State.

Christian, Houck, Sigmon & Green by Daniel R. Green, Hickory, for defendant-appellant.

EAGLES, Judge.

I

Defendant first contends that the trial court committed prejudicial error by admitting Michael's testimony that he had been sexually assaulted by the defendant approximately seven years before the crimes alleged here. We disagree that the error was prejudicial.

[E]vidence of prior sex acts may have some relevance to the question of a defendant's guilt of the crime charged if it tends to show a relevant state of mind such as intent...

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