STATE v. GOODE

No. 7910SC617.

261 S.E.2d 212 (1980)

44 N.C. App. 498

STATE of North Carolina v. James Miller GOODE, Jr.

Court of Appeals of North Carolina.

January 8, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Lucien Capone, III, Raleigh, for the State.

Loflin, Loflin, Galloway & Acker by Thomas F. Loflin, III, and James R. Acker, Durham, for defendant.


ROBERT M. MARTIN, Judge.

In his first argument, defendant contends that the court erred in failing to grant defendant a recess at the close of the State's evidence. He contends the denial of his motion for recess deprived him of the effective assistance of counsel and of a fair trial. We disagree.

The record shows the following exchange occurred:

COURT: Will there be evidence for the defense? MR. RATLIFF: Your Honor, we have motions first...

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