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STATE v. PAYNE

No. 41.

185 S.E.2d 101 (1971)

280 N.C. 170

STATE of North Carolina v. Ted Floyd PAYNE, Jr.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by William W. Melvin and T. Buie Costen, Asst. Attys. Gen., for the State.

Swain & Fowler, by Robert S. Swain, Asheville, for defendant appellant.

HIGGINS, Justice.

The evidence is accurately stated and discussed in the opinions filed in the Court of Appeals. We agree with the evaluation of the evidence stated in the majority opinion. The objections to the trial discussed in the dissenting opinion do not appear to us to be of sufficient moment to have had any influence whatever on the outcome of the trial. However, the addendum to the record, by Assignment of Error No. 79, presents a question not raised in the...

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