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STATE v. SMITH

No. 9213SC104.

429 S.E.2d 425 (1993)

110 N.C. App. 119

STATE of North Carolina v. James Wayne SMITH.

Court of Appeals of North Carolina.

May 18, 1993.

Attorney(s) appearing for the Case

Atty. Gen., Lacy H. Thornburg by Sp. Deputy Atty. Gen., Daniel C. Oakley, Raleigh, for the State.

Michael R. Ramos, Shallotte, for defendant-appellant.

EAGLES, Judge.

I.

Defendant first argues that the trial court erred by denying his motion to dismiss the indictment in 91CrS3100 (first degree sexual offense) because the indictment failed to properly allege an offense as required by G.S. § 15-144.2 and § G.S. 15A-924. Specifically, defendant argues that the indictment was insufficient under G.S. § 15-144.2, G.S. § 15A-924 and State v. Dillard, 90 N.C. App. 318,

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