STATE v. WARREN

No. 14.

223 S.E.2d 317 (1976)

289 N.C. 551

STATE of North Carolina v. Willard WARREN, Jr.

Supreme Court of North Carolina.

April 6, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Raleigh, and Associate Atty. Jack Cozort for the State.

Creighton W. Sossomon, Sylva, for defendant-appellant.


MOORE, Justice.

In every case where a death sentence has been pronounced, it is the practice of this Court to carefully review the entire record to determine if prejudicial error appears. If such error does appear, even though not assigned by defendant, in capital cases we take cognizance of the error ex mero motu. In present case, prejudicial error is disclosed by the following testimony:

Curtis Boyd Wyatt, a witness for the State, testified:

...

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