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North Carolina v. Gilley

Filed: June 2, 1982.

STATE OF NORTH CAROLINA
v.
KENNETH BOYD GILLEY



Appeal by defendant from McLelland, Judge, 12 January 1981 Criminal Session, Alamance Superior Court.

Britt, Justice.

Britt

By the first assignment of error argued in his brief, defendant contends that the trial court erred in excluding certain testimony which defendant attempted to extract from Simpson, the alleged victim, on cross examination. This assignment has no merit.

The record reveals the following:

Q. Isn't it true, Mr. Simpson, that you are a homosexual?

Mr. Xanthos: Objection.

A. That is no.

Court: Just a minute.

The jury will retire while the Court hears a matter concerning the law which must be heard out of your presence. Don't talk about the case while you're out.

(At this time the jury went to the jury room.)

Following a conference with and arguments by counsel in the absence of the jury, the court sustained the state's objection to the question and instructed counsel not to ask the question again. When the jury returned to the courtroom, the court instructed

them to give no consideration to the question asked and to disregard it.

While the record does not disclose why the trial judge sustained the objection to the question, defendant argues that he did it because of ...


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