STATE v. HELMS

No. 96.

201 S.E.2d 850 (1974)

284 N.C. 508

STATE of North Carolina v. John Thomas HELMS.

Supreme Court of North Carolina.

January 25, 1974.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Edwin M. Speas, Jr., Asst. Atty. Gen., Raleigh, for the State of North Carolina.

R. C. Powell, Gastonia, for defendant appellant.


HUSKINS, Justice:

Defendant assigns as error the denial of his motion for a bifurcated trial. He contends that evidence of his prior deviant sexual misconduct, necessarily offered to explain his mental condition, tended to prejudice the jury on the question of his guilt or innocence.

Bifurcation rests within the sound discretion of the trial judge. Exercise of that discretion is not reviewable absent abuse of it. State v. Spence, 271 N.C. 23...

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