STATE v. RUTHERFORD

No. 8412SC79.

320 S.E.2d 916 (1984)

STATE of North Carolina v. Kyle Edward RUTHERFORD and Ricky Thomas Faust.

Court of Appeals of North Carolina.

October 16, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Robin E. Hudson, Raleigh, for defendant-appellant, Kyle Edward Rutherford.

Harris, Sweeny & Mitchell by Ronnie M. Mitchell, Fayetteville, for defendant-appellant, Ricky Thomas Faust.


BRASWELL, Judge.

While hitchhiking, Harold Wayne Zortman, a Fort Bragg soldier, was robbed at gunpoint. The defendants were tried and convicted by a jury of Robbery with a Firearm. An assignment of error common to both defendants' briefs concerns whether the trial court abused its discretion by failing to declare a mistrial on the grounds that the jury was improperly influenced by contact with a State's witness. Defendant...

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