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STATE v. McLAMB

No. 734SC381.

200 S.E.2d 838 (1973)

20 N.C. App. 164

STATE of North Carolina v. Garefield (Garfield) McLAMB.

Court of Appeals of North Carolina.

December 12, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. Andrew A. Vanore, Raleigh, for the State.

Holland, Poole & Groce, P.A., by Billie L. Poole and Edwin R. Groce, Clinton, for defendant appellant.

PARKER, Judge.

Appellant contends prejudicial error resulted from the announcement made by the solicitor when the case was called for trial and by the repetition of that announcement when the court, in its instructions to the jury, charged:

"Now members of the jury, the solicitor announced at the beginning of the trial of this case the State would not seek a conviction of murder in the first degree as charged in the bill of indictment, the State would seek...

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