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STATE v. AYCOTH

No. 496.

154 S.E.2d 59 (1967)

270 N.C. 270

STATE v. Wade AYCOTH and John Shadrick, Defendants.

Supreme Court of North Carolina.

May 3, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Staff Atty. Ralph White, Jr., Raleigh, for the State.

R. Roy Hawfield, Monroe, for defendant appellant.

BOBBITT, Justice.

There was plenary evidence to withstand Aycoth's motion for judgment as in case of nonsuit and to support the verdict. The only serious question presented is whether Aycoth was materially prejudiced by the incident set forth below.

During the cross-examination of Deputy Sheriff Frank Fowler, a witness for the State, by counsel for Shadrick, the following occurred:

"Q Did you make any identification of the ownership of the automobile...

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