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STATE v. DINUNNO

No. 835SC368.

313 S.E.2d 3 (1984)

STATE of North Carolina v. Pasquale DiNUNNO.

Court of Appeals of North Carolina.

March 20, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R.B. Matthis and Asst. Atty. Gen. Philip A. Telfer, Raleigh, for the State.

Burney, Burney, Barefoot, Bain & Crouch by Roy C. Bain, Wilmington, for defendant-appellant.

EAGLES, Judge.

In his first argument, defendant contends that it was error for the trial court to deny his motion to dismiss made at the close of the State's evidence and renewed at the close of defendant Greenberg's evidence. This presents the question of whether Greenberg's testimony as to defendant DiNunno should have been considered. G.S. 15-173 provides in part:

When on the trial of any criminal action in the...

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