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STATE v. SMITH

No. 85.

272 S.E.2d 852 (1981)

STATE of North Carolina v. Joseph Phillip SMITH and Johnny Benjamin Smith.

Supreme Court of North Carolina.

January 6, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Daniel F. McLawhorn, Raleigh, for the State.

E. Lynn Johnson, Fayetteville, for defendant Joseph Phillip Smith.

Richard M. Wiggins, Fayetteville, for defendant Johnny Benjamin Smith.

BRITT, Justice.

DEFENDANT JOSEPH SMITH'S APPEAL

This defendant's sole assignment of error is that the trial court committed prejudicial error in denying his motion for a mistrial after striking the testimony of several witnesses. We find no merit in the assignment.

The evidence which the court ordered stricken did not directly involve either defendant. It tended to show that no fingerprints were found at the murder scene which matched those of any...

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