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STATE v. GREEN

No. 8710SC1229.

370 S.E.2d 604 (1988)

STATE of North Carolina v. John Jasper GREEN, Jr.

Court of Appeals of North Carolina.

August 2, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Associate Atty. Gen. Robin W. Smith, Raleigh, for the State.

John T. Hall, Raleigh, for defendant-appellant.

PHILLIPS, Judge.

Defendant was convicted of conspiring with Claude Enoch and/or Randolph Fryar to traffic in more than 400 grams of cocaine in violation of G.S. 90-95. The trials of the three alleged conspirators were severed and Enoch had been tried and acquitted when defendant was tried. Nevertheless, in defendant's trial the court received into evidence out of court statements made by Enoch, refused to receive evidence of Enoch's prior acquittal, and charged the...

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