STATE v. WHITE

No. 222A87.

369 S.E.2d 813 (1988)

STATE of North Carolina v. Willie James WHITE.

Supreme Court of North Carolina.

June 30, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by G. Patrick Murphy, Asst. Atty. Gen., Raleigh, for the State.

Isabel Scott Day, Public Defender by Marc D. Towler, Asst. Public Defender, Charlotte, for defendant-appellee.


WHICHARD, Justice.

Defendant was charged with armed robbery. The initial trial began on 9 December 1985 before Judge Robert E. Gaines. Defense counsel moved for a mistrial after the prosecutor asked defendant on re-cross examination, "Isn't it true that on [the] assault on [a] female conviction you were originally tried on second degree rape?" The court granted the motion and admonished the prosecutor for asking the question.

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