STATE v. PERRY

No. 61.

230 S.E.2d 141 (1976)

291 N.C. 284

STATE of North Carolina v. Joseph Lee PERRY.

Supreme Court of North Carolina.

December 7, 1976.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Joan H. Byers and Jack Cozort, Associate Attys. Gen., Raleigh, for the State.

Richard Bircher, Carrboro, for defendant.


LAKE, Justice.

There was no error in requiring the defendant to stand before the jury and place the orange stocking mask over his head and face in the way Mrs. Powell had testified it was worn by the man who robbed and shot her. By cross-examination of Mrs. Powell, the defendant had attempted to cast doubt upon her ability to identify the defendant as the robber so masked. The court thus permitted the jury to see the defendant as Mrs. Powell had testified she saw...

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