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State v. Morrison

Supreme Court of North Carolina
Jul 1, 1982
293 S.E.2d 188 (N.C. 1982)

Opinion

No. 153A82

Filed 13 July 1982

APPEAL by defendant pursuant to G.S. 7A-30 (2) of the decision of the Court of Appeals (Judge Harry C. Martin, with Judge Arnold concurring, and Judge Wells dissenting) reported per Rule 30 (e) at 56 N.C. App. 257 (filed 16 February 1982). The Court of Appeals found no error in the entry of judgment upon defendant's misdemeanor conviction for simple assault by Clark, Judge, at the 10 March 1981 Criminal Session of Superior Court, CUMBERLAND County.

Attorney General Rufus L. Edmisten, by Assistant Attorney General Douglas A. Johnston, for the State.

Assistant Public Defender Staples Hughes for the defendant-appellant.


We hold that the argument made by the district attorney was error. However, because the trial judge forcefully sustained defendant's objection and gave an appropriate curative instruction and because of the strength of the State's case and the lack of any real defense proffered by defendant, we are satisfied that the error was not prejudicial. We, therefore, affirm the decision of the Court of Appeals.

Affirmed.


Summaries of

State v. Morrison

Supreme Court of North Carolina
Jul 1, 1982
293 S.E.2d 188 (N.C. 1982)
Case details for

State v. Morrison

Case Details

Full title:STATE OF NORTH CAROLINA v. ROSCOE MORRISON

Court:Supreme Court of North Carolina

Date published: Jul 1, 1982

Citations

293 S.E.2d 188 (N.C. 1982)
293 S.E.2d 188