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STATE v. COX

No. 801SC227.

269 S.E.2d 297 (1980)

48 N.C. App. 470

STATE of North Carolina v. Albert COX, James Earl Covington and Graelyn R. Godfrey.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Charles J. Murray, Raleigh, for the State.

Twiford, Trimpi, Thompson & Derrick by John G. Trimpi and C. Everett Thompson, Elizabeth City, for defendants-appellants.

ERWIN, Judge.

Defendants make several assignments of error common to each defendant. We find no error in the trial as to defendant Cox; however, we are compelled to award a new trial to defendants Covington and Godfrey on the kidnapping charges for the reasons that follow.

Witness Dorothy Newby testified:

"In my capacity as resident director I have had an occasion to become acquainted with the young lady by the name of Angela Pettiford. I did have...

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