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STATE v. TYSON

No. COA07-1376.

672 S.E.2d 700 (2009)

STATE of North Carolina v. Malcolm Fitzgerald TYSON, Sr.

Court of Appeals of North Carolina.

February 17, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General David Gordon, for the State.

Appellate Defender Staples S. Hughes, by Assistant Appellate Defender Barbara S. Blackman, for Defendant.

STEPHENS, Judge.

On 16 October 2006, the Grand Jury of Pitt County returned bills of indictment charging Defendant Malcolm Tyson, Sr. with two counts of taking indecent liberties with a child and two counts of statutory rape. The case came on for trial at the 23 May 2007 Criminal Session of Pitt County Superior Court. Defendant offered no evidence and moved to dismiss the charges for insufficient evidence. The trial court denied his motion. On 25 May 2007, the jury...

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