STATE v. HARRIS

No. 778SC526.

238 S.E.2d 642 (1977)

34 N.C. App. 491

STATE of North Carolina v. Preston Lee HARRIS.

Court of Appeals of North Carolina.

Certiorari Denied December 21, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Rebecca R. Bevacqua, Raleigh, for the State.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendant-appellant.


Certiorari Denied by Supreme Court December 21, 1977.

HEDRICK, Judge.

Defendant first contends that the trial judge erred to his prejudice by not allowing him to testify on direct examination that when he shot Kenneth Harris, "I was not aware of what I was doing." Defendant argues that this evidence was relevant to the question of his intent and admissible as part of the res gestae. Obviously, the statement was not a part of the res gestae since...

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