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STATE v. JAMES

No. COA 14-753.

770 S.E.2d 736 (2015)

STATE of North Carolina v. William Henry JAMES.

Court of Appeals of North Carolina.

April 7, 2015.

Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Scott K. Beaver , Assistant Attorney General, for the State.

Staples Hughes , Appellate Defender, by Benjamin Dowling-Sendor , Assistant Appellate Defender, for defendant-appellant.

Where defendant neither cross-examined the State's expert witness regarding the sufficiency of the sample size, nor made it a basis for his motion to dismiss at trial, defendant's argument is dismissed. We decline to take judicial notice of Version 4 and Version 7 of the SBI protocols, as they were never presented to the trial court...

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