State v. Small

SMITH, Judge.

Defendant was charged with the 12 May 1994 robbery of William Wright, d/b/a Texaco Food Mart in Dunn, North Carolina, and the murder of Wayne Joseph Newbold, the clerk on duty. A duly empaneled jury found defendant guilty on all counts. Defendant appeals.

I

Defendant first contends the trial court erred in denying defendant’s motion to dismiss for prosecutorial misconduct. Defendant argues that the State was in possession of exculpatory evidence that was not disclosed to defendant in a timely manner. After a hearing on the motion, the trial court denied the motion to dismiss,…