STATE v. ALLEN

No. 59.

183 S.E.2d 659 (1971)

279 N.C. 492

STATE of North Carolina v. Jesse Everett ALLEN.

Supreme Court of North Carolina.

October 13, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. James F. Bullock, for the State.

T. Yates Dobson, Jr., Smithfield, for defendant-appellee.


SHARP, Justice.

This case presents an anomalous situation. Defendant objected to a question which the solicitor asked a State's witness. Defendant did not move for a mistrial or to quash the bill of indictment. Indeed, he made no motion whatever. Yet the judge, over the objection of both State and defendant, declared a mistrial and entered an order reciting that he had treated defendant's objection as a motion for mistrial and allowed the motion. Notwithstanding,...

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