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STATE v. SPICER

No. 8023SC596.

273 S.E.2d 521 (1981)

STATE of North Carolina v. Joe Wesley SPICER, Jr. STATE of North Carolina v. Jeffery Dale SPICER.

Court of Appeals of North Carolina.

January 6, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State.

Max F. Ferree, P. A., Wilkesboro, for defendant Joe Wesley Spicer, Jr.

William C. Gray, Jr., Wilkesboro, for defendant Jeffery Dale Spicer.

WELLS, Judge.

Defendants' first assignment of error focuses on several instances during trial when the trial judge either questioned witnesses about their testimony or commented about testimony. Defendants contend that by this action, the trial judge erroneously expressed an opinion in the presence of the jury. We have carefully examined the record with respect to this assignment and find no prejudicial conduct on the part...

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