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STATE v. STOKES

No. COA00-1526.

565 S.E.2d 196 (2002)

STATE of North Carolina v. Richard Allen STOKES.

Court of Appeals of North Carolina.

May 21, 2002.

Attorney(s) appearing for the Case

Attorney General Roy Cooper by Robert J. Blum, Special Deputy Attorney General, for the State.

Danny T. Ferguson, Winston-Salem, for defendant-appellant.

McGEE, Judge.

Richard Allen Stokes (defendant) was indicted on 11 May 1998 for first degree murder of two-year-old Alexander Ray Asbury (Alex) and on 8 June 1998 for felonious child abuse of Alex. Both crimes were alleged to have been committed on 1 April 1998 and were consolidated for trial.

Evidence at trial for the State tended to show that Alex died in the early morning hours of 1 April 1998. Alex lived in a mobile home with his mother, Tricia Burnette...

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