#### STATE OF NORTH CAROLINA v. RALPH EDWIN TATE, JR.

No. 507A82

(Filed 11 January 1983)

APPEAL by the State of North Carolina pursuant to N.C.G.S. 7A-30(2) from the decision of the Court of Appeals (Judges Robert Martin and Arnold concurring, Judge Vaughn dissenting), reported in 58 N.C. App. 494, 294 S.E. 2d 16 (1982), which granted a new trial to defendant from the judgment entered by Seay, Judge, at the 11 May 1981 Criminal Session of FORSYTH Superior Court.

Rufus L. Edmisten, Attorney General, by Luden Capone III and Richard L. Kucharski, Assistant Attorneys General, for appellant.

Morrow and Reavis, by John F. Morrow, for appellee.

PER CURIAM.

Affirmed.