STATE OF NORTH CAROLINA v. LARRY SPENCE AND ROBERT NEWMAN

No. 477PA88

(Filed 4 May 1989)

On discretionary review of a decision of the Court of Appeals, 91 N.C. App. 288, 372 S.E. 2d 98 (1988) (opinion unpublished), which found no error in defendants’ trial before Brannon, J., at the 4 April 1987 Criminal Session of Superior Court, DURHAM County. Heard in the Supreme Court on 11 April 1989.

Lacy H. Thornburg, Attorney General, by Philip A. Telfer, Assistant Attorney General, for the State.

Robin E. Hudson for defendant appellant Spence; Craig B. Brown for defendant appellant Newman.

PER CURIAM.

After careful consideration of the briefs and arguments we conclude the petition for discretionary review was improvidently allowed.

Discretionary review improvidently allowed.