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STATE v. McCARROLL

No. 172PA93.

445 S.E.2d 18 (1994)

336 N.C. 559

STATE of North Carolina v. Edward Lonnie McCARROLL and Cynthia Marie Watkins.

Supreme Court of North Carolina.

June 17, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Jane Rankin Thompson, Asst. Atty. Gen., for the State-appellant.

Nora Henry Hargrove, Wilmington, for defendant-appellee Edward Lonnie McCarroll.

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Asst. Appellate Defender, for defendant-appellee Cynthia Marie Watkins.

WEBB, Justice.

The first question brought to the Court by this appeal is whether it was error to exclude testimony pursuant to N.C.G.S. § 8C-1, Rule 412, which evidence would have tended to show that the prosecuting witness was not truthful when she said she had a sexual encounter with someone other than the two defendants. Rule 412 makes irrelevant certain previous sexual activity of a complainant in a rape or sex offense case. See State v. Fortney, ...

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