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STATE v. BROWN

No. 496.

145 S.E.2d 297 (1965)

266 N.C. 55 (1965)

STATE v. John Earl BROWN and James Van DeLoach.

Supreme Court of North Carolina.

December 15, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Atty. Claude W. Harris, Raleigh, for the State.

John V. Hunter, III, Raleigh, for defendants.

DENNY, Chief Justice.

Defendants assign as error the action of the trial court in failing to declare a mistrial when Detective F. C. Gregory, witness for the State, testified with respect to a conversation between the officer and the State's witness Leonard Yates, as follows:

"Q. State the nature of that conversation, if you will. "A. It was late in the afternoon that I talked with Mr. Yates down on South Street. He stated to me that he had been...

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