State v. Kitchengs
| Decision Date | 23 August 2007 |
| Docket Number | No. 322P07.,322P07. |
| Citation | 651 S.E.2d 370 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Leslie Michael KITCHENGS. |
ORDER
Upon consideration of the petition filed on the 10th day of July 2007 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 23rd day of August 2007."
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3 cases
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State v. Elliott, No. COA07-626 (N.C. App. 9/2/2008)
...evidence in this case is materially indistinguishable from that found sufficient on the issue of penetration in State v. Kitchengs, 183 N.C. App. 369, 375, 645 S.E.2d 166, 171, disc. review denied, 361 N.C. 572, 651 S.E.2d 370 (2007). In Kitchengs, the Court noted that the transcript contai......
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State v. Smith
... ... In addition, "a ... prosecuting witness is not required to use any particular ... form of words to indicate that penetration occurred ... [Rather,] appellate courts permit a wide range of testimony ... to indicate penetration." State v. Kitchengs, ... 183 N.C.App. 369, 375-76, 645 S.E.2d 166, 171 (citations ... omitted), disc. rev. denied, 361 N.C. 572, 651 ... S.E.2d 370 (2007). Moreover, a lesser-included instruction is ... only appropriate if there was evidence establishing ... "some doubt or ... ...
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State v. Eckenrod
... ... referring to two, distinct body parts. While we encourage the ... State to fully develop and clarify witness testimony, it is ... well established that a prosecuting witness is not required ... to use any particular form of words to indicate that ... penetration occurred. State v. Kitchengs , 183 ... N.C.App. 369, 375-76, 645 S.E.2d 166, 171 (2007), disc ... rev. denied , 361 N.C. 572, 651 S.E.2d 370 (2007); ... see also State v. Rogers , 322 N.C. 102, 105, 366 ... S.E.2d 474, 476 (1988) (Recognizing "words commonly used ... by females of tender years to describe these areas ... ...