STATE v. ELLIOTT

No. 7425SC1100.

213 S.E.2d 365 (1975)

25 N.C. App. 381

STATE of North Carolina v. Jerry ELLIOTT and Melvin Warren.

Court of Appeals of North Carolina.

April 16, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Byrd, Byrd, Ervin & Blanton, P. A. by Thomas R. Blanton, III, Morganton, for defendant Elliott.

Robert B. Byrd, Morganton, for defendant Warren.


CLARK, Judge.

The direct examination of the prosecuting witness Shumate was conducted before noon, and the court then recessed for lunch. After lunch, Shumate did not appear to testify and could not be found. As a consequence, the trial judge ordered a recess until 9:30 a. m. the following day. Defendants objected and moved to dismiss, but the motions were denied. Motions for mistrial were made the next morning, but were again denied. Shumate testified on crossexamination...

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