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STATE v. SIMMS

No. 7922SC56.

255 S.E.2d 282 (1979)

41 N.C. App. 451

STATE of North Carolina v. Franklin Albert SIMMS, alias Frank Hershaw.

Court of Appeals of North Carolina.

June 5, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

Pope, McMillan & Kutteh by Constantine H. Kutteh II, and McElwee, Hall, McElwee & Cannon by E. Bedford Cannon, Statesville, for defendant-appellant.

HARRY C. MARTIN, Judge.

Defendant argues the trial court should have allowed attorney Cannon to withdraw as counsel for defendant and continue the case. Defendant did not make the motion to remove attorney Cannon as his lawyer; the motion was made by Cannon on what he considered to be ethical grounds. Cannon was concerned about allowing defendant to testify to what he thought could be perjured testimony, in the light of...

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