State v. Sutton

The defendant’s first assignment of error is that the trial judge erred in permitting Brenda to testify as to other instances of sexual intercourse with the defendant and in permitting Theresa Sutton, Brenda’s younger sister, to testify as to acts of sexual intercourse between herself and the defendant. This testimony was introduced for purposes of corroboration, and the Supreme Court has long approved such testimony. In State v. Broadway, 157 N.C. 598, 72 S.E. 987, which was an incest case, Clark, C.J., stated:

“The exception to proof of other acts of the same nature cannot be sustained. They…