STATE v. HOLDEN

No. COA02-1478.

586 S.E.2d 513 (2003)

STATE of North Carolina v. Michael Keith HOLDEN.

Court of Appeals of North Carolina.

October 7, 2003.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Celia Grasty Lata, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Kirby H. Smith, III, New Bern, for defendant-appellant.


HUNTER, Judge.

Michael Keith Holden ("defendant") appeals from judgments dated 16 January 2002 entered consistent with jury verdicts finding him guilty of two counts of first degree statutory rape of a female under the age of thirteen years. As we determine that the trial court's jury instructions violated defendant's constitutional right to a unanimous jury verdict, we grant a new trial on both counts.

The State's evidence presented at trial tends to show...

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