STATE v. METTRICK

No. 150A81.

289 S.E.2d 354 (1982)

STATE of North Carolina v. Derek Harrison METTRICK and Claude Dalton Vickers.

Supreme Court of North Carolina.

March 30, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Henry T. Rosser, Asst. Atty. Gen. and Steven F. Bryant, Associate Atty., Raleigh, for the State.

Vannoy & Reeves by Wade E. Vannoy, Jr., Jefferson, for defendant-appellee Mettrick.

Moore & Willardson by Larry S. Moore and John S. Willardson, Wilkesboro, for defendant-appellee Vickers.


MITCHELL, Justice.

The defendants in this consolidated appeal contend that two State's witnesses acted as custodians or officers in charge of the jury and that they are entitled to a new trial as a result. We agree and affirm the decision of the Court of Appeals awarding the defendants a new trial.

Only a brief summary of the evidence introduced at trial is necessary for an understanding of the issues giving rise to this appeal. In summary, the evidence for...

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