STATE v. SMITH

No. 499A82.

299 S.E.2d 431 (1983)

STATE of North Carolina v. Melvin Lee SMITH.

Supreme Court of North Carolina.

January 28, 1983.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Robert G. Webb, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by James H. Gold, Asst. Appellate Defender, Raleigh, for defendant-appellant.


MITCHELL, Justice.

The defendant presents two contentions for review by this Court. First, he contends that the trial court erred in permitting the case to go to the jury on a theory of first degree burglary in that the evidence was insufficient to support a finding that the breaking in question occurred at night. Second, he contends that the trial court erred in permitting the prosecutor to ask leading questions of the victim. We find both contentions to be without...

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