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STATE v. McRAE

No. 7616SC617.

231 S.E.2d 915 (1977)

STATE of North Carolina v. Charles Levone McRAE and Nathel Jarone Harley.

Court of Appeals of North Carolina.

February 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attorney Joan H. Byers, Raleigh, for the State.

I. Murchison Biggs, P. A., by Fred A. Rogers, III, Lumberton, and J. Gates Harris, Red Springs, for defendants-appellants.

MORRIS, Judge.

In the course of a sentencing hearing in a case heard prior to defendants', the district attorney, referring to the defendant in that case, stated that "when a defendant refuses to testify, he may have a criminal record to hide." These remarks were made in the presence of the venire which was to try defendants' case. When their case was called, defendants moved for a continuance on the grounds that the district...

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