State v. Cotton

MITCHELL, Justice.

The defendant contends inter alia that the trial court erred by excluding evidence tending to show that the crimes charged and another similar offense were committed by the same person — not the defendant. We agree and hold that the defendant is entitled to a new trial on the charges of first degree rape and first degree burglary. As no judgment has been entered on the first degree sexual offense conviction, it is not ripe for appellate review and is remanded to the Superior Court, Alamance County.

The State’s evidence at trial tended to show inter alia that the victim of the…