STATE v. MARINO

No. 8912SC743.

386 S.E.2d 72 (1989)

96 N.C. App. 506

STATE of North Carolina v. Ernest John MARINO.

Court of Appeals of North Carolina.

December 5, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Teresa L. White, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Teresa A. McHugh, Raleigh, for defendant-appellant.


WELLS, Judge.

At trial while defendant's mother was testifying for the defense, defendant engaged in an intemperate and profane outburst. During the defendant's misconduct, the trial court excused the jury, but defendant's misconduct continued briefly. Following a bench conference, defendant moved for a mistrial, asserting his own misconduct as the basis for his motion. The trial court denied his motion.

Defendant's first assignment of error is to the denial...

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