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STATE v. WORTHAM

No. 101.

215 S.E.2d 131 (1975)

STATE of North Carolina v. Colonel Lee WORTHAM.

Supreme Court of North Carolina.

June 6, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

C. W. Wilkinson, Jr., Oxford, for defendant.

BRANCH, Justice.

Defendant contends that the trial judge erred in allowing the State's witness, S.B.I. Agent Momier, to testify on rebuttal as to a statement made to him by a codefendant, Dan Moss, which statement was not made in defendant's presence. We quote the portion of the record pertinent to this assignment of error:

Mr. Momier said he was present when they arrested Dan Moss. He stated that Mr. Moss was warned of his constitutional rights. He stated...

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