STATE v. SMITH

No. 9319SC136.

440 S.E.2d 322 (1994)

113 N.C. App. 827

STATE of North Carolina v. Kenneth Ray SMITH.

Court of Appeals of North Carolina.

March 1, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Daniel C. Oakley, Raleigh, for State.

R. Marshall Bickett, Jr., Salisbury, for defendant appellant.


COZORT, Judge.

Defendant appeals from a conviction of attempted first degree rape of his twelveyear-old stepdaughter. We find no error.

The State presented the following evidence. On 30 July 1989, defendant lived with his wife, his twelve-year-old stepdaughter, and his eight-year-old son. Defendant was at home with the two children. Defendant began fondling the girl as she sat on his lap. Defendant asked the girl if she wanted him to come into her room. She...

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