STATE v. COOK

No. 8323SC217.

309 S.E.2d 737 (1983)

STATE of North Carolina v. Gary G. COOK.

Court of Appeals of North Carolina.

December 20, 1983.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen., Jo Anne Sanford, Raleigh, for the State.

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


PHILLIPS, Judge.

Two acts by the trial judge are asserted as error—one a comment in regard to certain corroborating testimony, the other imposing a longer sentence than the presumptive one for the offense involved. Neither amounted to legal error in our opinion.

When the deputy sheriff undertook to testify to Munday's statement to him about the incident involved, the defendant objected and the trial judge stated: "[T]his will be received for the corroboration...

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