STATE v. HEATH

No. 7426SC973.

212 S.E.2d 400 (1975)

25 N.C. App. 71

STATE of North Carolina v. Lionell HEATH.

Court of Appeals of North Carolina.

March 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, and Associate Atty. Wilton E. Ragland, Jr., Durham, for the State.

Hamel, Cannon & Hamel by I. Manning Huske, Charlotte, for defendant-appellant.


MARTIN, Judge.

In cross-examination of defendant, the district attorney asked, "You took a lie detector test, didn't you?" Counsel for defendant immediately interposed an objection which was properly sustained. It is argued that the question itself was sufficient to justify a new trial for it was made with the purpose of getting prejudicial matter before the jury and left them with the idea that defendant had failed a lie detector test. In State v. Foye,

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