STATE v. LEONARD

No. 8422SC681.

328 S.E.2d 593 (1985)

STATE of North Carolina v. David Stevie LEONARD.

Court of Appeals of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert R. Reilly, Raleigh, for the State.

Sherrill and Sherrill by Carlyle Sherrill, Salisbury, for defendant-appellant.


PARKER, Judge.

Defendant's first assignment of error is that the trial court erred in denying his motion for a mistrial when one of his witnesses, James Garrison, failed to appear. Garrison was served with a subpoena on 10 February 1984 to appear at defendant's trial on 13 February 1984. The trial judge adjourned court at noon until 2:00 p.m. and allowed defendant additional time to find Garrison. The court issued a subpoena and an order to show cause for failure...

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