#### STATE OF NORTH CAROLINA v. ERNEST LEON MYERS

No. 269A85

(Filed 10 December 1985)

APPEAL by defendant pursuant to N.C.G.S. 7A-30(2) from the decision of a divided panel of the Court of Appeals, reported in 73 N.C. App. 650, 327 S.E. 2d 276 (1985), which found no error in the trial and conviction of defendant before Howell, J., at the 7 November 1983 session of Superior Court, BUNCOMBE County. Heard in the Supreme Court 20 November 1985.

*309 Lacy H. Thornburg, Attorney General, by Evelyn M. Coman, Assistant Attorney General, for the State.

Malcolm Ray Hunter, Jr., Acting Appellate Defender, for defendant.

PER CURIAM.

The trial court has again erroneously admitted completely irrelevant testimony as to defendant’s whereabouts on the morning of 21 February 1975. On the authority of State v. Myers, 309 N.C. 78, 305 S.E. 2d 506 (1983), defendant is entitled to a new trial. The decision of the Court of Appeals is

Reversed.