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STATE v. FLACK

No. 384A83.

322 S.E.2d 758 (1984)

STATE of North Carolina v. Lester FLACK and Richard L. Flack.

Supreme Court of North Carolina.

December 4, 1984.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Thomas F. Moffitt, Asst. Atty. Gen., Raleigh, for the State-appellee.

Wayne C. Alexander, Charlotte, for defendant-appellant, Lester Flack.

Ralph C. Gingles, Gastonia, for defendant-appellant, Richard Flack.

Ephraim Margolin and Nicholas C. Arguimbau, San Francisco, Cal., for amicus curiae, Nat. Ass'n. of Criminal Defense Lawyers and California Attys. for Criminal Justice.

James R. Parish, Fayetteville, for amicus curiae, North Carolina Academy of Trial Lawyers.

FRYE, Justice.

The primary issue for consideration by this Court is whether the trial court was correct in admitting the hypnotically induced testimony of the prosecution's chief witness. Because of our recent decision in State v. Peoples, 311 N.C. 515, 319 S.E.2d 177 (1984), which resolved this identical issue, we find that the trial court erroneously allowed such hypnotically induced testimony.

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