STATE v. HONEYCUTT

No. 7412SC83.

204 S.E.2d 238 (1974)

21 N.C. App. 342

STATE of North Carolina v. Haywood E. HONEYCUTT.

Court of Appeals of North Carolina.

Certiorari Denied June 4, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Ralf F. Haskell, Asst. Atty. Gen., for the State.

Rose, Thorp & Rand by Herbert H. Thorp, Fayetteville, Smith, Patterson, Follin & Curtis by Norman B. Smith, Greensboro, for defendant appellant.


Certiorari Denied by Supreme Court June 4, 1974.

VAUGHN, Judge.

It is obvious that the credibility of DeBerry is critical in this case. At two earlier trials when DeBerry testified, the jury was unable to agree. At this trial, when DeBerry was not present but when the transcript of his earlier testimony was read to the jury, defendant was convicted. Because of the facts as found by the trial judge, it was not error to allow the transcript to be used even though...

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