STATE v. ERBY

No. 8127SC1012.

289 S.E.2d 86 (1982)

STATE of North Carolina v. Larry Darnell ERBY.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen, Raleigh, for the State.

Asst. Appellate Defender James H. Gold, Raleigh, for defendant.


HARRY C. MARTIN, Judge.

Defendant is entitled to a new trial. Of numerous assignments of error raised on appeal, all of which have merit, we will limit our discussion to those evidencing obvious error and prejudice to the defendant.

On direct examination of the defendant, he was asked the following question in an effort to offer an explanation as to why he was carrying a gun on the night of the shooting:

Q. All right, and how did it [the gun] come...

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