State v. Allmond
Court of Appeals of North Carolina
Appeal by defendant from Crissman, Judge. Judgment entered 6 February 1975 in Superior Court, Randolph County. Heard in the Court of Appeals 27 August 1975. Defendant was tried upon his plea of not guilty to the charge of murder in the second degree of Dennis Marsh. The State introduced evidence to show that on the night of 21 September 1974 the defendant entered Pinkie’s Place in Asheboro carrying a .25 caliber automatic pistol in his right hand.
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Appeal by defendant from Crissman, Judge. Judgment entered 6 February 1975 in Superior Court, Randolph County. Heard in the Court of Appeals 27 August 1975. Defendant was tried upon his plea of not guilty to the charge of murder in the second degree of Dennis Marsh. The State introduced evidence to show that on the night of 21 September 1974 the defendant entered Pinkie’s Place in Asheboro carrying a .25 caliber automatic pistol in his right hand. He walked across the dance area and entered the poolroom where Dennis Marsh was playing pool. Defendant pulled the safety back on his pistol and…
1Opinion of the Court
PARKER, Judge.
[1] Defendant first contends the trial judge erred by not limiting the number of photographs of the deceased introduced into evidence by the State. Five photographs were used to illustrate the testimony of an expert medical witness as to the cause of death. We find no error in the trial judge’s ruling. Photographs which are relevant and properly authenticated are admissible in evidence for the purpose of illustrating or explaining the testimony of a witness. State v. Atkinson, 275 N.C. 288, 167 S.E. 2d 241 (1969). If the photograph is relevant and material, the fact that it is…
2Cases cited7 opinions
- State v. AtkinsonSupreme Court of North Carolina · 1969
- State v. ChanceSupreme Court of North Carolina · 1971
- State v. JohnsonSupreme Court of North Carolina · 1967
- State v. RawleySupreme Court of North Carolina · 1953
- State v. FowlerSupreme Court of North Carolina · 1959
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. GreenCourt of Appeals of North Carolina · 1983
- State v. WatkinsCourt of Appeals of North Carolina · 1980
- State v. JonesCourt of Appeals of North Carolina · 1986
- State v. WinfreyCourt of Appeals of North Carolina · 1979
- State v. GreenCourt of Appeals of North Carolina · 1983
3 more not listed; retrieve them via the Exa API.