STATE v. SMITH

No. 6910SC194.

168 S.E.2d 494 (1969)

5 N.C. App. 505

STATE of North Carolina v. James Thomas SMITH.

Court of Appeals of North Carolina.

July 23, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis, and Staff Atty. Thomas B. Wood, Raleigh, for the State.

Stanley L. Seligson, Raleigh, for defendant appellant.


PARKER, Judge.

The sole assignment of error brought forward in defendant's brief relates to the following incident which occurred during the course of the trial: While evidence for the State was being presented, the assistant solicitor asked a question of one of the State's witnesses. The witness made a non-responsive answer in stating: "And at that time, I saw him (referring to the defendant) in the courtroom being tried in the City courtroom." The defendant objected...

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