STATE v. BOONE

No. 29PA83.

311 S.E.2d 552 (1984)

310 N.C. 284

STATE of North Carolina v. James Charles BOONE.

Supreme Court of North Carolina.

February 2, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Dennis P. Myers, Asst. Atty. Gen., Raleigh, for State-appellant.

Jeffrey S. Miller, Jacksonville, for defendant-appellee.


FRYE, Justice.

The State seeks to have the Court of Appeals' decision granting defendant a new trial reversed because it "appears likely to be in conflict with one or more prior decisions" of this Court and the Court of Appeals. For the reasons stated in this opinion, we find that the Court of Appeals correctly applied the law of this State, and therefore, we affirm the decision of the Court of Appeals.

The State's evidence tended to show the following: On...

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