STATE v. GATTISON

No. 695SC543.

171 S.E.2d 37 (1969)

7 N.C. App. 70

STATE of North Carolina v. Willie GATTISON.

Court of Appeals of North Carolina.

December 17, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Attorney L. Phillip Covington, Raleigh, for the State.

Yow & Yow, by Lionel L. Yow, Wilmington, for defendant appellant.


MALLARD, Chief Justice.

This appeal presents the question of whether the trial judge can allow the State to recall a witness for the purpose of offering additional evidence after the State has rested its case and after the defendant's motion for judgment of nonsuit has been denied. The answer is yes.

The judge in the instant case, after overruling the defendant's motion for judgment of nonsuit, permitted the State to offer additional evidence of an explanatory...

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