STATE v. RAY

No. 8114SC459.

283 S.E.2d 823 (1981)

STATE of North Carolina v. David RAY.

Court of Appeals of North Carolina.

November 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen, Raleigh, for the State.

Archbell & Cotter by James B. Archbell, Durham, for defendant-appellant.


BECTON, Judge.

The defendant raises two arguments on this appeal: (1) that the trial court should have granted his motion for mistrial based on erroneous and inflammatory remarks in the opening statement by the district attorney; and (2) that the trial court erred in denying his motion for nonsuit. Because we reverse based on the nonsuit issue, we do not address the defendant's first argument.

A motion for nonsuit "requires the trial court to consider the...

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