STATE v. PERRY

No. 1.

259 S.E.2d 496 (1979)

298 N.C. 502

STATE of North Carolina v. Rickey Dan PERRY.

Supreme Court of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. Dennis P. Myers, Raleigh, for the State.

John G. McCormick, Durham, for defendant-appellant.


CARLTON, Justice.

Defendant presents four arguments on this appeal. We find one of his assertions has merit and remand for sentencing.

Defendant first asserts that it was prejudicial error for the trial judge to admit the prior written statements of the two boys since their credibility had not been impeached. This is particularly prejudicial, he argues, when no instructions were given to the jury limiting the use of those statements to corroboration of their...

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