CLEMONS v. LEWIS

No. 7413DC562.

209 S.E.2d 291 (1974)

23 N.C. App. 488

Bill CLEMONS v. Carlyle LEWIS.

Court of Appeals of North Carolina.

November 6, 1974.


Attorney(s) appearing for the Case

Ralph G. Jorgensen, Tabor City, for plaintiff.

No counsel contra.


BROCK, Chief Judge.

The plaintiff contends the trial court committed error when it twice failed to grant the plaintiff's motions for a mistrial. Both the defendant and the defense counsel commented that the plaintiff was in jail on 3 December 1972. This was irrelevant to the subject matter of the action, and plaintiff correctly made motions to strike this testimony. The trial judge properly instructed the jury to disregard this testimony, but declined to grant plaintiff...

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