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STATE v. COX

No. 30.

222 S.E.2d 246 (1976)

289 N.C. 414

STATE of North Carolina v. Marion COX and Rudolph Nolly.

Supreme Court of North Carolina.

March 2, 1976.

Attorney(s) appearing for the Case

Lawrence W. Hewitt, Charlotte, for defendant-appellant Cox.

Michael J. Blackford and Donald M. Tepper, Charlotte, for defendant-appellant Nolly.

Rufus L. Edmisten, Atty. Gen., Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State of North Carolina.

HUSKINS, Justice:

Both defendants objected to the introduction of a photograph of the deceased Donald Hendrix as he appeared in the hospital on the day he died. However, the assignment of error based on this exception is brought forward and discussed in the brief of defendant Cox only. Accordingly, under Rule 28, Rules of Appellate Procedure, this assignment is deemed abandoned by defendant Nolly. Our discussion relates only to the appeal of Marion Cox.

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