STATE v. MULLEN

No. 811SC124.

280 S.E.2d 11 (1981)

STATE of North Carolina v. Walter Carnell MULLEN.

Court of Appeals of North Carolina.

July 7, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Frank P. Graham, Raleigh, for the State.

White, Hall, Mullen, Brumsey & Small by G. Elvin Small, III, Elizabeth City, for the defendant-appellant.


HEDRICK, Judge.

Defendant first contends, based on his sixteenth, seventeenth, eighteenth, nineteenth, and twentieth assignments of error, that the trial court committed prejudicial error in allowing the State's expert witness, Tola Lewis, Jr., to testify that in his opinion the instrument allegedly used by defendant in the incident in question was "a lethal weapon, which could be used to kill." Defendant argues that such testimony "invades the province of the jury...

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