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STATE v. SANDERSON

No. 747SC454.

207 S.E.2d 341 (1974)

22 N.C. App. 669

STATE of North Carolina v. Bobby SANDERSON.

Court of Appeals of North Carolina.

August 7, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Attorney Keith L. Jarvis, Raleigh, for the State.

Moore, Diedrick & Whitaker by L. G. Diedrick, Rocky Mount, for defendant appellant.

HEDRICK, Judge.

Defendant contends that the trial court erred in denying his motion for a mistrial because of a certain statement made to the jury by the solicitor. The statement which forms the basis of this assignment of error is summarized in the record by defendant's counsel as follows:

"His remark was that a man of good character as the prosecuting witness, and he held his left hand up in the air, way up here, and he said a person with a bad prior criminal...

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