STATE v. PERRY

No. 13.

172 S.E.2d 541 (1970)

276 N.C. 339

STATE of North Carolina v. Ernest Ray PERRY.

Supreme Court of North Carolina.

March 11, 1970.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Ralph Moody, Deputy Atty. Gen., for the State.

Russell W. DeMent, Jr., Raleigh, for defendant.


HIGGINS, Justice.

The defendant argues here that the trial court committed four prejudicial and reversible errors. He contends: (1) Dr. Pate, the Pathologist who performed the autopsy on the body of George Edward Kitchen, was permitted to testify as to the cause of death, necessarily basing his opinion in part on facts not within his personal knowledge, which should have been the subject of a hypothetical question; (2) The defendant's motion for mistrial should have...

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