STATE v. BARBER

No. 8826SC539.

376 S.E.2d 497 (1989)

STATE of North Carolina v. Richard V. BARBER.

Court of Appeals of North Carolina.

February 21, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

Public Defender Isabel Scott Day by Asst. Public Defender Grady Jessup, Charlotte, for defendant appellant.


PARKER, Judge.

Defendant assigns error to (i) the denial of his motion to dismiss, (ii) the admission of certain evidence, (iii) the denial of his motion for mistrial arising out of the prosecutor's improper jury argument and (iv) the finding of a grossly aggravating factor which elevated the level of punishment.

As to defendant's first assignment of error, before denying a defendant's motion to dismiss, the trial court must ascertain that there is substantial...

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