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STATE v. WELLS

No. 55.

226 S.E.2d 325 (1976)

290 N.C. 485

STATE of North Carolina v. Kelvin Keith WELLS.

Supreme Court of North Carolina.

July 14, 1976.

Attorney(s) appearing for the Case

White & Crumpler by Fred G. Crumpler, Jr., and Melvin F. Wright, Jr., Winston-Salem, for defendant appellant.

Rufus L. Edmisten, Atty. Gen., William H. Boone, Associate Atty., and Myron C. Banks, Special Deputy Atty. Gen., Raleigh, for the State of North Carolina.

HUSKINS, Justice:

Upon the call of this case defendant and his witnesses were present and ready for trial. The prosecuting witness had not been notified the case was calendared for trial that day and was not in court. The trial court issued an instanter subpoena to require her presence. She was brought into court and the trial proceeded. At the end of the first day of the trial, defense witness Willie Lee Mackie was on the witness stand and had been examined and cross...

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