STATE v. CHRISCOE

No. 8722SC375.

360 S.E.2d 812 (1987)

STATE of North Carolina v. Jimmy CHRISCOE.

Court of Appeals of North Carolina.

October 20, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. L. Darlene Graham, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Gayle L. Moses, Raleigh, for defendant-appellant.


BECTON, Judge.

Defendant, Jimmy Chriscoe was convicted of Second Degree Sexual Offense and sentenced to 10 years imprisonment. He appeals. We reverse.

I

Defendant's first trial began on 25 July 1986. He was accused of engaging in sexual relations with his step-daughter who was then a minor, and who had been characterized by social workers as "mildly retarded." The State called the alleged victim to testify. After giving her name and answering several...

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