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STATE v. BARBER

No. 7023SC378.

175 S.E.2d 611 (1970)

STATE of North Carolina v. Tony Leon BARBER.

Court of Appeals of North Carolina.

August 5, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Trial Atty. Fred P. Parker, III, Raleigh, for the State.

McElwee, Hall & Herring, by John E. Hall, North Wilkesboro, for defendant.

BROCK, Judge.

During the presentation of the State's evidence a witness volunteered the statement that defendant "is AWOL from the Army". Defendant's objection and motion to strike were allowed, and the trial judge promptly and clearly instructed the jury to disregard the statement. Defendant immediately moved for a mistrial upon the grounds that the volunteered statement was prejudicial, and assigns as error the failure...

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