STATE v. GRAHAM

No. 130.

279 S.E.2d 588 (1981)

STATE of North Carolina v. Wayon Davis GRAHAM.

Supreme Court of North Carolina.

July 8, 1981.


Attorney(s) appearing for the Case

J. Calvin Cunningham, Lexington, for defendant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Nonnie F. Midgette, Raleigh, for the State.


COPELAND, Justice.

The sole issue presented by this appeal is whether the trial court erred in granting defendant's motion to suppress the evidence of Benjamin Peace's testimony at defendant's prior trial for accessory before the fact of murder. For the reasons stated below, we affirm the trial court's action in granting defendant's motion.

The recorded testimony of a witness in a former trial will not ordinarily be admitted as substantive evidence in a later...

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