State v. McGaha

CARLTON, Justice.

Gene McGaha, a forty-year-old college graduate, was indicted for committing a sex offense under G.S. 14-27.4(a)(l) (1981). The statute states that “[a] person is guilty of a sexual offense in the first degree if the person engages in a sexual act: (1) [w]ith a victim who is a child of the age of 12 years or less . . . .” (Emphasis added.) The indictment alleged that the victim was “a child 12 years 8 months old and thus of the age of 12 years or less . . . .” Before tendering his plea of guilty to this charge and five other sex crimes, McGaha told the court: “I cannot state…