STATE v. METCALF

No. 7330SC142.

195 S.E.2d 592 (1973)

18 N.C. App. 28

STATE of North Carolina v. Horace Lee METCALF.

Court of Appeals of North Carolina.

April 11, 1973.


Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan by Associate Atty. Gen., Ruth G. Bell, for the State.

McKeever, Edwards, Davis & Hays by George P. Davis, Jr., Murphy, for the defendant-appellant.


CAMPBELL, Judge.

Defendant contends that Dr. Mitchell's opinion was improperly admitted because it was based upon facts not in evidence (that the two bullets were fired from the pistol found next to the body), and that the question asked on recall was different from the question asked originally.

We agree that the opinion was improperly admitted, but for a different reason: whether the hypothetical question was or was not properly phrased, the witness may...

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