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STATE v. HOLDEN

No. 61.

185 S.E.2d 889 (1972)

280 N.C. 426

STATE of North Carolina v. Edward HOLDEN.

Supreme Court of North Carolina.

January 28, 1972.

Attorney(s) appearing for the Case

Clarence M. Kirk, Wendell, for defendant appellant.

Robert Morgan, Atty. Gen., and Edward L. Eatman, Jr., Raleigh, Staff Atty., for the State of N. C.

HUSKINS, Justice:

Mary Helen Jones stated on cross-examination that, although deceased had a knife on the trip to the hospital, he put it in his pocket and did not have a knife in his hand immediately after defendant shot him. "If he had a knife quick as he fell out, he'd had that knife in his hand or lying in the bed or somewhere close around him." This statement evoked the following exchange:

"Q. [by defense counsel] Don't you know a knife was found on...

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