STATE v. TUTT

No. C0A04-821.

615 S.E.2d 688 (2005)

STATE of North Carolina v. Micah Lee TUTT.

Court of Appeals of North Carolina.

July 19, 2005.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Kimberly W. Duffley, for the State.

Terry F. Rose, Smithfield, for defendant-appellant.


WYNN, Judge.

The Constitution of North Carolina vests our Supreme Court with exclusive authority to make rules of practice and procedure for the appellate division of the courts. N.C. Const. Art. IV, § 13(2). In this case, N.C. Gen.Stat. § 8C-1, Rule 103(a)(2) (2004) permits appellate review of an evidentiary ruling even though the party fails to object at trial as required by N.C. R.App. P. 10(b)(1). Because...

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