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STATE v. MYERS

No. 269A85.

337 S.E.2d 581 (1985)

315 N.C. 308

STATE of North Carolina v. Ernest Leon MYERS.

Supreme Court of North Carolina.

December 10, 1985.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Evelyn M. Coman, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Acting Appellate Defender, Raleigh, for defendant.

PER CURIAM.

The trial court has again erroneously admitted completely irrelevant testimony as to defendant's whereabouts on the morning of 21 February 1975. On the authority of State v. Myers, 309 N.C. 78, 305 S.E.2d 506 (1983), defendant is entitled to a new trial. The decision of the Court of Appeals is

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