STATE v. GATES

No. COA15-584.

781 S.E.2d 883 (2016)

STATE of North Carolina, v. Curtis Ray GATES, Jr., Defendant.

Court of Appeals of North Carolina.

February 16, 2016.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Ellen A. Newby , Assistant Attorney General, for the State.

Paul F. Herzog , Fayetteville, for defendant-appellant.


Where there was evidence to support a finding that the victim suffered serious personal injury, the trial court did not err in instructing the jury on first-degree sexual offense. Where time was not of the essence, and defendant did not allege prejudice, the State's failure to physically amend the indictment as ordered by the trial...

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