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STATE v. TURNER

No. 166A81.

289 S.E.2d 368 (1982)

STATE of North Carolina v. Thomas TURNER, Jr.

Supreme Court of North Carolina.

March 30, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Joan H. Byers, Raleigh, for the state.

Ellis M. Bragg, Charlotte, for defendant.

BRITT, Justice.

We conclude that the Court of Appeals erred in dismissing the state's appeal. We also conclude that the trial judge erred in granting defendant's motion to suppress the identification testimony of Aleasia Mungo. With respect to defendant's cross-appeal, we agree with the Court of Appeals that defendant had no right to appeal. However, we treat the papers filed by defendant as a petition for a writ of certiorari to

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