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STATE v. WHITELEY

No. COA04-636.

616 S.E.2d 576 (2005)

STATE of North Carolina v. Gregory Paul WHITELEY.

Court of Appeals of North Carolina.

August 16, 2005.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Amy C. Kunstling, for the State.

David Childers, Mount Holly, for defendant-appellant.

HUNTER, Judge.

Gregory Paul Whiteley ("defendant") appeals from a judgment dated 17 July 2003 entered consistent with a jury verdict finding him guilty of a crime against nature. Defendant contends the trial court erred in denying his motion to dismiss and in submitting the offense of a crime against nature to the jury, on the grounds that the statute creating the offense, N.C. Gen.Stat. § 14-177 (2003), is unconstitutional...

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