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STATE v. HONEYCUTT

No. 7912SC999.

265 S.E.2d 438 (1980)

STATE of North Carolina v. Kermit HONEYCUTT.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Donald W. Stephens, Raleigh, for the State.

Blackwell, Thompson, Swaringen, Johnson & Thompson by E. Lynn Johnson, Fayetteville, for defendant-appellee.

HEDRICK, Judge.

The State argues that Judge Brewer erred in granting the defendant's motion for appropriate relief and ordering a new trial for the reason that the change in evidentiary law announced by State v. Haywood, 295 N.C. 709, 249 S.E.2d 429 (1978), upon which defendant based his motion and Judge Brewer relied for his decision, should be accorded prospective effect only.

Defendant...

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