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STATE v. PERRY

No. 114.

235 S.E.2d 52 (1977)

293 N.C. 97

STATE of North Carolina v. Joseph Lee PERRY.

Supreme Court of North Carolina.

June 13, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Asst. Atty. Gen. Claude W. Harris, Raleigh, for the State.

James E. Cross, Jr., Oxford, for defendant appellant.

MOORE, Justice.

Defendant first contends that the trial court erred in allowing the testimony of Ms. Powell concerning the robbery of the Kwik-Pik in Durham on 5 November 1975, and in admitting into evidence the spent .22-caliber cartridge found on the floor of the Kwik-Pik. It is a well established rule that in the prosecution of a defendant for one crime, evidence tending to show that a defendant committed another distinct, separate offense is not admissible.

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