STATE v. PENNY

No. 7210SC835.

193 S.E.2d 333 (1972)

17 N.C. App. 147

STATE of North Carolina v. John Allen PENNY.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Thomas B. Wood, Asst. Atty. Gen., for the State.

Tharrington & Smith, by Roger W. Smith, Raleigh, for defendant appellant.


BRITT, Judge.

Defendant's first assignment of error is to the failure of the trial judge to grant his motion for a mistrial based on allegedly improper and prejudicial testimony by the arresting officer. The record reveals:

"I (Officer McLeod) went back to Mr. Penny where he and I had a conversation about this was going to be his driver's license because he had just been tried— MR. CHURCHILL: OBJECTION. A.—on a case in Hillsborough...

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