STATE v. SHERRON

No. 6914SC493.

170 S.E.2d 70 (1969)

6 N.C. App. 435

STATE of North Carolina v. Claiborne Lee SHERRON.

Court of Appeals of North Carolina.

October 22, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Christine Y. Denson, Raleigh, for the State.

John C. Randall, Upchurch & Galifianakis, Durham, for defendant appellant.


FRANK M. PARKER, Judge.

The substance of the new evidence referred to in defendant's motion for a new trial was: First, a letter dated 7 August 1968 purportedly written by defendant's wife, who was prosecuting witness at the trial which resulted in his conviction and imprisonment, stating that at the time of the trial she was pregnant by another man; and second, the complaint in a divorce action verified by the wife on 18 March 1969, in which she alleged that the...

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