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STATE v. WILLIAMS

No. 7626SC949.

235 S.E.2d 86 (1977)

33 N.C. App. 397

STATE of North Carolina v. Wayne Preston WILLIAMS.

Court of Appeals of North Carolina.

Certiorari Denied August 23, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Elisha H. Bunting, Jr., Raleigh, for the State.

Public Defender Michael S. Scofield by Asst. Public Defenders Mark A. Michael and Ann C. Villier, Charlotte, for defendant-appellant.

Certiorari Denied by Supreme Court August 23, 1977.

VAUGHN, Judge.

Defendant brings forward four assignments of error presented in three arguments. First, defendant contends that the court erred by not declaring a mistrial on its own motion when the court observed that one of the jurors had fallen asleep. The record shows that, during the cross-examination of one of the State's witnesses, the following transpired:

"THE COURT: Will all the Jurors just...

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