STATE v. MEARS

No. 817SC293.

284 S.E.2d 158 (1981)

STATE of North Carolina v. James Michael MEARS.

Court of Appeals of North Carolina.

November 17, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood and Associate Atty. Gen. Evelyn M. Coman, Raleigh, for the State.

Evans & Rountree by Charles S. Rountree, Rocky Mount, for defendant-appellant.


ARNOLD, Judge.

The major issue as presented by defendant in this appeal is whether evidence of fluorescent particles found on defendant's body and clothing was erroneously admitted where none of the particles were retained for comparison or analysis.

The defendant argues that such evidence is "scientific" evidence requiring the State to establish relevance through proven testing procedures or "real" evidence which had to be preserved for comparison by the...

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