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STATE v. FOSTER

No. 7518SC532.

219 S.E.2d 535 (1975)

27 N.C. App. 531

STATE of North Carolina v. James T. FOSTER and Rudolph McCurdy, Jr.

Court of Appeals of North Carolina.

November 19, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Asst. Public Defender Richard S. Towers, High Point, for defendants-appellants.

CLARK, Judge.

Joe Medley, the only witness to testify for the defendants, was asked about prior convictions; he answered that he had been convicted of armed robbery in Union County and that the case was now on appeal in the State's Supreme Court. He was then asked, "Who was convicted along with you?" The trial court overruled defendants' objection and Medley replied, "McCurdy was convicted with me." Defendants then moved for a mistrial. The court denied the motion...

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