STATE EX REL. GILCHRIST v. COGDILL

No. 8426SC512.

327 S.E.2d 647 (1985)

STATE of North Carolina, on Relation of Peter GILCHRIST, District Attorney for the 26th Judicial District v. James Everett COGDILL.

Court of Appeals of North Carolina.

April 2, 1985.


Attorney(s) appearing for the Case

Paul L. Whitfield, P.A. by Paul L. Whitfield and Thomas H. Ainsworth, III, Charlotte, for plaintiff-appellee.

Keith M. Stroud, Charlotte, for defendant-appellant.


PARKER, Judge.

In his first assignment of error defendant contends that the trial court erred in denying his motion for a new trial after counsel for the State, in his opening statement, said defendant had been arrested or convicted of the crime of soliciting for prostitution. Under G.S. § 1A-1, Rule 59, a new trial may be granted for, among other reasons, "[a]ny irregularity by which any party was prevented from having a fair trial" and "[m]isconduct of the...

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