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North Carolina v. Alley

Filed: November 17, 1981.

STATE OF NORTH CAROLINA
v.
CURTIS WAYNE ALLEY



Appeal by defendant from Battle, Judge. Judgment and commitment entered on the verdict 15 January 1981. Heard in the Court of Appeals 11 November 1981.

Wells, Judge. Judges Martin (Robert M.) and Webb concur.

Wells

Defendant brings forth assignments of error relating to the trial court's admission, over defendant's objection, evidence of previous, unrelated, non-criminal fires which caused property damage to defendant's real and personal property. We find error in the trial and reverse.

The District Attorney questioned both defendant's wife and defendant on cross-examination as to a number of previous, apparently non-criminal fires which had damaged defendant's real and personal property.

On cross-examination, the district attorney questioned defendant's wife as follows:

Q. And what happened to this trailer?

Ms. Lofin: Objection, your Honor.

Court: Overruled.

A. It burned.

Q. It what?

A. It burned.

Q. And the trailer that you were living in when you came back from Richmond, is that the one that burned?

A. Yes.

Q. Did you ever live on any other trailer at that site?

A. On the same farm; not in the same particular spot.

Q. And what happened to that trailer?

Ms. Loflin: Objection.

Court: Overruled.

A. It burned.

Q. And in February of, 16th, 1979, was there a fire down at the ...


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