STATE v. CALDWELL

No. 834SC627.

315 S.E.2d 362 (1984)

STATE of North Carolina v. James Romeo CALDWELL.

Court of Appeals of North Carolina.

May 15, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Walter M. Smith, Raleigh, for the State.

Appellate Defender Stein by Asst. Appellate Defender Marc D. Towler, and James R. Glover, Raleigh, for defendant-appellant.


PHILLIPS, Judge.

Defendant contends the trial court erred in four respects. His first three contentions have no merit, but his fourth does and a new trial is required.

The meritorious contention is based on the District Attorney's argument to the jury. McAllister, the alleged co-conspirator, was not present during the trial, and thus did not testify in support of the State's theory. In his closing argument, defense counsel questioned why the State failed to...

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