Discretionary review improvidently allowed.
No. 162PA88
(Filed 8 December 1988)
ON discretionary review of the decision of the Court of Appeals, 89 N.C. App. 372, 366 S.E. 2d 550 (1988), awarding defendant a new trial on an indictment charging him with attempted robbery with a dangerous weapon. The appeal to the Court of Appeals was from a judgment of imprisonment entered by Gray, J., on 12 March 1987 in Superior Court, Mecklenburg County. Heard in the Supreme Court 15 November 1988.
Lacy H. Thornburg, Attorney General, by David R. Minges, Assistant Attorney General, for the State, appellant.
Marc D. Towler, Assistant Public Defender, for defendant, appellee.
Discretionary review improvidently allowed.