STATE v. BAKER

No. 9114SC702.

418 S.E.2d 288 (1992)

106 N.C. App. 687

STATE of North Carolina v. Allison BAKER, Defendant/Appellant.

Court of Appeals of North Carolina.

July 7, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Valerie L. Bateman, Raleigh, for the State.

Cheshire, Parker, Hughes & Manning by George B. Currin, Raleigh, for defendant-appellant.


EAGLES, Judge.

Defendant argues inter alia that the trial court erred to his prejudice by allowing evidence to be admitted which indicated that the victim had been sexually penetrated. Based on controlling precedent, we agree.

Initially, we note that the State argues that the defendant waived this argument by failing to properly object at trial. However, because we find this evidence was highly prejudicial here and that it affected substantial rights...

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