STATE v. MILLER

No. 7626SC823.

233 S.E.2d 662 (1977)

32 N.C. App. 770

STATE of North Carolina v. Darrell Scott MILLER.

Court of Appeals of North Carolina.

April 6, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jerry B. Fruitt, Raleigh, for the State.

Michael S. Scofield, Public Defender, Charlotte, for defendant.


BROCK, Chief Judge.

Defendant presents one assignment of error for review. He contends that the trial judge committed reversible error in the denial of defendant's motion for mistrial made during the district attorney's argument to the jury.

The district attorney explained to the jury that "the defense has the last argument when the defense does not offer evidence." The trial judge denied defendant's motion for a mistrial and, at defendant's

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