STATE v. BURGESS

No. 847SC1141.

333 S.E.2d 563 (1985)

STATE of North Carolina v. Jo Ann G. BURGESS.

Court of Appeals of North Carolina.

September 3, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen., J. Mark Payne, for the State.

Farris and Farris by Robert A. Farris, Wilson, for defendant-appellant.


ARNOLD, Judge.

The defendant contends the trial court committed prejudicial error by allowing the District Attorney in his closing argument to bring to the jury's attention the fact that there was no evidence that the deceased had a criminal record. We agree, and award defendant a new trial.

At trial the defendant offered substantial evidence tending to show that the deceased had a reputation of being mean and violent. In his closing argument the District...

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