STATE v. DAVIS

No. 7818SC832.

252 S.E.2d 30 (1979)

40 N.C. App. 68

STATE of North Carolina v. Garcia DAVIS.

Court of Appeals of North Carolina.

February 20, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Turner, Rollins, Rollins & Clark, by Walter E. Clark, Jr., Greensboro, for defendant appellant.


VAUGHN, Judge.

Defendant directs his first assignment of error to the trial court's failure to declare a mistrial following an answer given by Hawthorne while he was being cross-examined by defendant's counsel. In response to the question, "have you been tried and convicted of armed robbery before?" Hawthorne replied, "Yes, me and Garcia Davis both." Defendant immediately moved for a mistrial. In non-capital criminal cases, the granting or refusal of a motion for...

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