{
  "id": 4738957,
  "name": "STATE OF NORTH CAROLINA v. JAMES GAINEY",
  "name_abbreviation": "State v. Gainey",
  "decision_date": "1987-04-07",
  "docket_number": "No. 411A86",
  "first_page": "391",
  "last_page": "392",
  "citations": [
    {
      "type": "official",
      "cite": "319 N.C. 391"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "348 S.E. 2d 777",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1986,
      "pin_cites": [
        {
          "parenthetical": "allegation that victim was eight years old sufficiently alleged that she was \"a child under twelve\""
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "318 N.C. 370",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        4733537
      ],
      "year": 1986,
      "pin_cites": [
        {
          "parenthetical": "allegation that victim was eight years old sufficiently alleged that she was \"a child under twelve\""
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/318/0370-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T21:18:01.553874+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES GAINEY"
    ],
    "opinions": [
      {
        "text": "MITCHELL, Justice.\nThe defendant\u2019s sole contention on appeal is that the judgment against him must be arrested due to a defect in the indictment against him which alleged in part that the victim was \u201ca child under 12 years of age.\u201d As we find no defect in the indictment, we reject this contention.\nA complete review of the evidence introduced at trial is unnecessary to an understanding of the issue presented by the defendant. The State offered evidence tending to show that the defendant, James Gainey, permitted and caused the nine-year-old female victim to perform fellatio upon him on 14 November 1985. The defendant was fifty-eight years old on that date.\nAt the time the crime charged in this case was committed\u2014 just as now \u2014 a defendant was guilty of a first-degree sexual offense if he or she engaged in a sexual act with a victim \u201cunder the age of 13 years\u201d and the defendant was at least twelve years old and at least four years older than the victim. N.C.G.S. \u00a7 14-27.4(a)(1) (1986). The indictment upon which the defendant in the present case was tried and convicted alleged that the defendant engaged in a sex offense with \u201ca child under 12 years of age.\u201d The defendant argues that this allegation is not sufficient to allege that the child victim was \u201cunder the age of 13 years\u201d as required by the statute. It suffices simply to say that the allegation that the victim was \u201ca child under 12 years of age\u201d sufficiently alleged that she was \u201ca child under the age of 13 years\u201d within the meaning of the statute. See State v. Ollis, 318 N.C. 370, 348 S.E. 2d 777 (1986) (allegation that victim was eight years old sufficiently alleged that she was \u201ca child under twelve\u201d). The defendant\u2019s assignment in this regard is without merit and is overruled.\nNo error.",
        "type": "majority",
        "author": "MITCHELL, Justice."
      }
    ],
    "attorneys": [
      "Lacy H. Thornburg, Attorney General, by Edmond W. Caldwell, Jr., Assistant Attorney General, for the State.",
      "Malcolm Ray Hunter, Jr., Appellate Defender, by Leland Q. Towns, Assistant Appellate Defender, for the defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES GAINEY\nNo. 411A86\n(Filed 7 April 1987)\nRape and Allied Offenses \u00a7 9\u2014 first degree sexual offense \u2014 indictment sufficient\nAn indictment for first degree sexual offense which alleged that the victim was \u201ca child under 12 years of age\u201d sufficiently alleged that she was \u201ca child under the age of 13 years\u201d within the meaning of N.C.G.S. \u00a7 14-27.4(a)(l) (1986).\nOn the defendant\u2019s appeal of right under N.C.G.S. \u00a7 7A-27(a) from judgment entered by Pope, J., at the 17 February 1986 Criminal Session of Superior Court, CABARRUS County, sentencing the defendant to imprisonment for life upon his conviction by a jury for first-degree sexual offense. Heard in the Supreme Court on 9 March 1987.\nLacy H. Thornburg, Attorney General, by Edmond W. Caldwell, Jr., Assistant Attorney General, for the State.\nMalcolm Ray Hunter, Jr., Appellate Defender, by Leland Q. Towns, Assistant Appellate Defender, for the defendant appellant."
  },
  "file_name": "0391-01",
  "first_page_order": 423,
  "last_page_order": 424
}