STATE v. McMILLAN

No. 8112SC278.

284 S.E.2d 526 (1981)

STATE of North Carolina v. Daniel Levon McMILLAN.

Court of Appeals of North Carolina.

December 1, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Boylan, Raleigh, for the State.

Appellate Defender Project for North Carolina by Adam Stein, Appellate Defender, and Marc D. Towler, Asst. Appellate Defender, Raleigh, for defendant-appellant.


BECTON, Judge.

The defendant appeals from his conviction of second degree rape contending that the trial court (1) erroneously permitted Mrs. Buie, an incompetent witness, to testify; (2) allowed into evidence, for corroborative purposes, a prior statement of Mrs. Buie which included prejudicial material not testified to by Mrs. Buie; (3) failed to instruct the jury properly on the limited use of the "corroborating" statement; and (4) erred in its jury charge on second...

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