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STATE v. ALBERT

No. 104.

277 S.E.2d 439 (1981)

STATE of North Carolina v. Benjamin ALBERT, Jr.

Supreme Court of North Carolina.

May 5, 1981.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by J. Michael Carpenter, Asst. Atty. Gen., Raleigh, for the State.

Owen W. Cook, Fayetteville, for defendant-appellant.

HUSKINS, Justice:

Defendant's sole assignment of error is directed to the action of the trial court in denying his motion for a mistrial.

The motion for a mistrial is based on the following exchange between defendant and the prosecuting attorney during recross examination of defendant:

Q. Mr. Albert, you answered all the questions of the officers, right? A. Yes. Q. And you told them you would be willing to take a polygraph examination...

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