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STATE v. THOMPSON

No. 329A82.

296 S.E.2d 297 (1982)

STATE of North Carolina v. Joseph Emanuel THOMPSON.

Supreme Court of North Carolina.

November 3, 1982.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by William R. Shenton and Robert L. Hillman, Asst. Attys. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by Ann B. Peterson, Asst. Appellate Defender, Raleigh, for defendant-appellee.

PER CURIAM.

The majority of the panel of the Court of Appeals which decided this case correctly concluded that the trial court expressed an opinion on the evidence and thereby violated G.S. 15A-1232. Consequently, the majority opinion of the Court of Appeals awarding the defendant a new trial must be affirmed. It is unnecessary for this Court to consider the other matters discussed in the majority opinion in the Court of Appeals, as they are not likely to arise again...

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