State v. Britt

EAGLES, Judge.

In this child sexual abuse case defendant presents numerous assignments of error. We hold that the trial court erred in instructing the jury as to the first degree sexual offense and indecent liberties charges. Accordingly, we reverse and remand for a new trial on those charges; otherwise, we find no prejudicial error.

The evidence for the State tended to show the following: Defendant and his wife, Martha, separated on 9 December 1983 with Martha retaining custody of their 13 month old daughter Michelle. Michelle was born on 10 November 1982. In October 1984 Martha took her…