STATE v. SMITH

No. 7217SC791.

195 S.E.2d 369 (1973)

17 N.C. App. 694

STATE of North Carolina v. Ernest Dale SMITH and John Wayne Shelton.

Court of Appeals of North Carolina.

Certiorari Denied April 30, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Henry T. Rosser for the State.

H. Glenn Pettyjohn, Winston-Salem, for defendants appellants.


Certiorari Denied by Supreme Court April 30, 1973.

PARKER, Judge.

Defendant's first assignment of error is directed to the denial of his motion for mistrial. The reason stated by defendant's counsel for making motion for mistrial was that the solicitor, in his opening statement made during the process of selecting the jury, stated that Spivey had come into court and pleaded guilty to the same offense for which defendant was being tried. Insofar as the record...

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