State v. Palacio

no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.

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Summary

no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.