State v. Berry

EXIJM, Justice.

Defendant brings forward six assignments of error relating to the admission of evidence, incidents in the courtroom that defendant claims improperly influenced the jury, and the instructions to the jury. We find no error entitling defendant to a new trial.

The state offered evidence tending to show that on 12 December 1976 Willie Lee Moore, Alton Norman and defendant were playing poker at the Shady Rest Inn, a business Moore operated near Plymouth. An argument over the poker game arose between Norman and defendant, and they went outside for about five minutes. Norman came back…