STATE v. CLARK

No. 45.

259 S.E.2d 271 (1979)

298 N.C. 529

STATE of North Carolina v. Whalen CLARK.

Supreme Court of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas F. Moffitt and Sp. Deputy Atty. Gen. David S. Crump, Raleigh, for the State.

Keith M. Stroud, Charlotte, for defendant.


CARLTON, Justice.

The sole question presented on this appeal is whether the trial court committed error in denying defendant's motion for mistrial after a police officer testified that he had retrieved a photograph of defendant from police records, the defendant not having testified. We find no prejudicial error.

Investigator Thomas A. Gaughen of the Charlotte Police Department, while testifying as one of the State's lead witnesses, was describing the procedure...

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