STATE v. COX

No. 7615SC191.

226 S.E.2d 207 (1976)

30 N.C. App. 54

STATE of North Carolina v. Robert Earl COX.

Court of Appeals of North Carolina.

July 7, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. James Wallace, Jr., Raleigh, for the State.

Winston, Coleman & Bernholz by Charles E. Vickery, Chapel Hill, for defendant-appellant.


MORRIS, Judge.

Defendant contends that the court committed reversible error when he overruled defendant's motion to strike the testimony of Paula Jestes with reference to the watch and what "the stuff was" they left in the woods. She testified she could not remember "whether it was Cox or Rory, but one of them did tell." Defendant argues that the statement could not, with a sufficient degree of certainty, be attributed to the defendant and should have been stricken...

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