State v. Dudley

WEBB, Justice.

The defendant first assigns error to the court’s failure to declare a mistrial ex mero motu after a statement on direct ex*658amination by James R. Rose, an officer with the Atlantic Beach Police Department, who investigated the case. After the defendant had been interrogated by the investigating officers he was transported to the Beaufort, North Carolina magistrate’s office. Mr. Rose testified that on the way to the magistrate’s office the defendant without being questioned said “that if he did this, that he shouldn’t live any longer; he should die.” When they arrived at the…