State v. Edwards

BRANCH, Chief Justice.

Defendant first assigns as error the trial court’s failure to grant his motion to quash the indictment. He contends that the indictment was defective in that it did not allege that he committed a “sexual act” with the victim. He argues that since a “sexual act” is an essential element of first-degree sexual offense it must be alleged in the bill of indictment.

Defendant was tried under G.S. 14-27.4(a)(l), which states that:(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:(1) With a victim who is a child of the age of 12…