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STATE v. ROBERTS

No. 2.

91 S.E.2d 589 (1956)

243 N.C. 619

STATE v. James Harold ROBERTS, Houston Duff and John Manley Sherrer.

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

Hamrick & Hamrick, Rutherfordton, for defendant appellant.

Atty. Gen. Wm. B. Rodman, Jr., Asst. Atty. Gen. T. W. Bruton, for the State.

WINBORNE, Justice.

Among the assignments of error presented by appellant on this appeal, the case on appeal shows that Number Three is based upon exception of like number. It is well taken. It relates to incident which occurred during the course of the trial, narrated as follows:

"During the course of his argument to the jury the Solicitor argued that the defendants had not put up any evidence to show that they were not present in North Carolina at Forest...

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