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STATE v. PREVATTE

No. 126A95.

484 S.E.2d 377 (1997)

346 N.C. 162

STATE of North Carolina, v. Ted Anthony PREVATTE.

Supreme Court of North Carolina.

May 9, 1997.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Debra C. Graves, Assistant Attorney General, for the State.

Center for Death Penalty Litigation by Kenneth J. Rose, Durham, for the defendant-appellant.

WEBB, Justice.

We shall discuss only one of the defendant's assignments of error which we hold entitles him to a new trial. The State's principal witness was Jeffrey Burr, who was an eyewitness to the shooting. At the time of the trial in this case, Mr. Burr was under indictment in another county on nine charges of forgery and uttering forged checks. The other county, however, was under the same district attorney. The trials on these charges had been continued for...

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