State v. Clark

CARLTON, Justice.

The sole question presented on this appeal is whether the trial court committed error in denying defendant’s motion for mistrial after a police officer testified that he had retrieved a photograph of defendant from police records, the defendant not having testified. We find no prejudicial error.

Investigator Thomas A. Gaughen of the Charlotte Police Department, while testifying as one of the State’s lead witnesses, was describing the procedure he followed when he showed photographs of various men to Jim Ellis. Ellis was attempting to identify the man he had seen searching for…