STATE v. DAYE

No. 7114SC690.

185 S.E.2d 595 (1972)

13 N.C. App. 435

STATE of North Carolina v. Bonnie Lee DAYE.

Court of Appeals of North Carolina.

Certiorari Allowed and Appeal Dismissed March 7, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Thomas W. Earnhardt, for the State.

A. H. Borland and Ronald H. Ruis, Durham, for defendant appellant.


Certiorari Allowed and Appeal Dismissed by Supreme Court March 7, 1972.

VAUGHN, Judge.

Defendant's first assignment of error is that the court erred in failing to grant his motion for mistrial due to the prejudicial responses of a State's witness and improper questioning by the solicitor. "As a general rule, a motion for a mistrial is addressed to the discretion of the trial judge, and the ruling thereon is not reviewable on appeal in the absence of a showing...

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