STATE v. OWENBY

No. 7025SC650.

177 S.E.2d 749 (1970)

10 N.C. App. 170

STATE of North Carolina v. Earlie OWENBY.

Court of Appeals of North Carolina.

December 16, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Millard Rich, Jr., for the State.

Douglas F. Powell, Hatcher, Sitton & Powell, Morganton, for defendant appellant.


GRAHAM, Judge.

Defendant did not testify or offer evidence. He now contends that since he did not voluntarily place his character in issue by testifying, it was error for the court to permit the State to introduce evidence of his prior conviction and to permit the solicitor to read to the jury the warrant which alleged the prior conviction. In support of his contention, defendant cites the elementary proposition that where a defendant neither testifies as a witness...

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