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STATE v. SMITH

No. 713A84.

337 S.E.2d 833 (1985)

315 N.C. 76

STATE of North Carolina v. Sylvester SMITH.

Supreme Court of North Carolina.

December 10, 1985.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Jane Rankin Thompson, Asst. Atty. Gen., for the State.

William F. Fairley, Southport, for defendant-appellant.

Norther, Little & Thibaut by J. Anderson Little, Chapel Hill, for Orange County Social Services.

Corinne G. Russell, Raleigh, for Wake County Social Services.

Russell Odom, Durham, for Durham County Social Services.

G. Keith Whited, Burlington, for Alamance County Social Services.

David Kennedy, Fayetteville, for Cumberland County Social Services.

Adam Stein, Appellate Defender by Gordon Widenhouse, Raleigh, Asst. Appellate Defender, amicus curiae.

MEYER, Justice.

The State's evidence tended to show that one night during the weekend of 2 March 1984, the defendant, Sylvester Smith, entered

[337 S.E.2d 837]
the bedroom of Gloria Ogundeji and Janell Smith, age four and five, respectively, and engaged in sexual relations with both girls. Gloria is the daughter of Ann Ogundeji with whom the defendant was then living. Janell is Gloria's cousin, daughter of Ann's sister, Catherine. During...

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