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STATE v. JUDGE

No. 804SC554.

271 S.E.2d 89 (1980)

STATE of North Carolina v. James Allen JUDGE.

Court of Appeals of North Carolina.

October 21, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Kaye R. Webb, Raleigh, for the State.

Louis Jordan, Goldsboro, for defendant-appellant.

ERWIN, Judge.

Defendant first contends that testimony elicited by the State from Marvin Lee concerning threats made by defendant against Lee and in the presence of Rogers was irrelevant and prejudicial.

The test of the relevancy of evidence "is whether it tends to shed any light on the subject of the inquiry or has as its only effect the exciting of prejudice or sympathy." State v. Braxton, 294 N.C. 446, 462, 242 S.E.2d 769

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