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STATE v. HUBERT

No. 218.

129 S.E.2d 888 (1963)

259 N.C. 140

STATE v. Bobby HUBERT.

Supreme Court of North Carolina.

March 20, 1963.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harry W. McGalliard, for the State.

John H. Cutter, Charlotte, for defendant.

PER CURIAM.

The defendant assigns as error the action of the court in summarizing for the jury the testimony the witness had given instead of leaving it to the Solicitor to re-question the witness.

In view of our recent decision in the case of State v. Payton, 255 N.C. 420, 121 S.E.2d 608, we hold that this assignment of error is well taken and should be upheld.

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