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STATE v. BATTLE

No. 833.

152 S.E.2d 191 (1967)

269 N.C. 292

STATE v. Ernest Charles BATTLE, James Bell, Jr., Yohannes Haile Mariam, alias Harold Wesley Jones, Roosevelt Wallace.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Wilson B. Partin, Jr., Staff Attorney, Raleigh, for the State.

J. H. Barrington, Jr., Lumberton, for defendant Wallace, appellant.

PER CURIAM:

During the cross-examination of Officer Lovette, appellant's counsel asked this question: "When did you talk to him (Wallace) the last time?" Answer: "It was in the presence of the Parole or Probation Officer, one or the other." Without waiting for objection or motion to strike, the court said: "Don't go into that Mr. Lovette." The record states this constitutes appellant's Exception No. 5. However, the court apparently beat the defense counsel to the...

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