STATE v. OAKMAN

No. 8912SC688.

388 S.E.2d 579 (1990)

STATE of North Carolina v. Tony Lee OAKMAN.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Barbara A. Shaw, Raleigh, for the State.

Asst. Public Defender Stephen C. Freedman, Fayetteville, for defendant-appellant.


WELLS, Judge.

Defendant brings forward two assignments of error challenging the court's denial of his motion to dismiss at the conclusion of the State's evidence and the court's failure to give an instruction, ex mero motu, to cure an improper comment of the prosecutor during the State's closing argument to the jury. We find no error.

We first examine whether the trial court erred in denying defendant's motion to dismiss. Defendant contends that the...

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