STATE v. THOMAS

No. 8228SC1136.

302 S.E.2d 816 (1983)

STATE of North Carolina v. Danny Ray THOMAS.

Court of Appeals of North Carolina.

May 17, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Michael Rivers Morgan, Raleigh, for the State.

Public Defender J. Robert Hufstader, Asheville, for defendant-appellant.


BRASWELL, Judge.

Defendant first argues that the court committed reversible error by declaring one of State's witnesses a hostile witness and subsequently allowing the State to impeach and cross-examine its own witness. We agree with defendant on this issue; therefore, he is awarded a new trial.

State's witness James B. Carpenter testified that he had seen the two codefendants on the morning of the robbery of Jordan's Food Store. During their conversation...

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