State v. Walker

LAKE, Justice.

The defendant was indicted on 17 July 1989 for the first-degree murder of his girlfriend, Mary Sue Whitaker. He was tried non-capitally during the 7 May 1990 Criminal Session of Superior Court, Guilford County.

In the course of the trial, during presentation of testimony, defendant moved for a mistrial, and upon a hearing, the trial court declared a mistrial. The State’s chief investigator and assistant district attorney advised defense counsel prior to trial that no test other than a visual inspection had been performed on the weapon from which the fatal shot was fired. However,…