STATE v. WALLER

No. 8510SC145.

334 S.E.2d 796 (1985)

STATE of North Carolina v. Nathan Sylvester WALLER.

Court of Appeals of North Carolina.

October 1, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. John R.B. Matthis, and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Malcolm Ray Hunter, Jr., Raleigh, for defendant-appellant.


HEDRICK, Chief Judge.

Defendant first contends that the trial court, by denying his motion for mistrial, by admitting testimony as to an incriminatory out of court statement of a co-defendant, and by admitting that testimony without a limiting instruction, violated defendant's constitutional right of confrontation in contravention of G.S. 15A-927.

Defendant was tried jointly with two co-defendants, one of whom was John Lewis Butler. Officer Michael McDermott...

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