STATE v. MITCHELL

No. 733SC712.

201 S.E.2d 720 (1974)

20 N.C. App. 437

STATE of North Carolina v. M. L. MITCHELL et al.

Court of Appeals of North Carolina.

January 9, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. C. Diederich Heidgerd, Raleigh, for the State.

Michael P. Flanagan, and Ward, Tucker, Ward & Smith, New Bern, for defendant appellants M. L. Mitchell and Dennis Mitchell.


MORRIS, Judge.

Defendants assign error to the failure of the trial court in its instruction to the jury to read separately the bills of indictment with which each defendant was charged. It is their position that this constitutes a denial of their respective rights to have their trial conducted as though they were being tried alone. Viewing the instructions as a whole, we see no error.

It is true that the trial court read only one indictment to the jury instructing...

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