New trial granted to man who exposed himself with boy nearby

July 17, 2018 - 11:40 am

RALEIGH, N.C. (AP) — A North Carolina man convicted of exposing himself to a woman and her 4-year-old son has won a new trial on a felony indecent exposure charge.

The state Court of Appeals granted the new trial to Neil Wayne Hoyle after finding the jury should have received special instructions on what it means for a victim to be in the presence of someone who exposes himself.

Hoyle was convicted in 2016 on misdemeanor and felony indecent exposure counts after authorities in Hickory say he exposed himself to the mother while she stood near his car. The felony count was based on the 4-year-old, who was playing 14 feet (4 meters) away.

Hoyle argued there wasn't enough evidence to support the felony charge and the court didn't give the jury special instructions.

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