STATE v. HUNT

No. 195PA11.

722 S.E.2d 484 (2012)

STATE of North Carolina v. Samuel Kris HUNT.

Supreme Court of North Carolina.

March 9, 2012.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Anne M. Middleton , Assistant Attorney General, for the State-appellant.

M. Alexander Charns , Durham, for defendant-appellee.


JACKSON, Justice.

Defendant was convicted of second-degree sexual offense and crime against nature, based upon the victim's age and inability to consent due to a mental disability. In this appeal we consider whether expert testimony is always necessary to establish whether a victim in such a case had the requisite mental capacity to consent. Because we hold that expert testimony is not required as articulated by the Court of Appeals, and that the State presented sufficient...

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