STATE v. McDONALD

No. 278A83.

321 S.E.2d 849 (1984)

STATE of North Carolina v. Andrew McDONALD.

Supreme Court of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Christopher P. Brewer, Asst. Atty. Gen., Raleigh, for the State.

William D. Arrowood and Edwin H. Ferguson, Jr., Concord, for defendant-appellant.


BRANCH, Chief Justice.

Defendant's first, second, third and seventh assignments of error will be considered together as each involves the same issue of law, that is, whether the trial court erred in permitting the State to impeach its witness Daniel Benton by his prior inconsistent statements. Specifically, defendant contends the trial judge's finding that the State was "surprised" by the change in Benton's testimony at trial is unsupported by the evidence.

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