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STATE v. MILBY

No. 134.

273 S.E.2d 716 (1981)

STATE of North Carolina v. Zebedee MILBY. STATE of North Carolina v. Charles Linwood BOYD.

Supreme Court of North Carolina.

January 27, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Lucien Capone, III, Raleigh, for the State.

George T. BLackburn, II, Henderson, for defendant Charles Linwood Boyd.

Linwood T. Peoples, Henderson, for defendant Zebedee Milby.

BRITT, Justice.

Because of defendants' failure to preserve for our review the other assignments of error which they presented to the Court of Appeals by bringing them forward in their new briefs, see N.C.R.App.P. 16, only one question is properly before this court for our consideration: Did the Court of Appeals commit error in awarding defendants new trials because of the introduction into evidence by the state of two handguns which had been seized at the time of...

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