#### STATE OF NORTH CAROLINA v. DARRYL EUGENE HUNT

No. 551PA88

(Filed 5 October 1989)

On discretionary review of the decision of the Court of Appeals, 91 N.C. App. 574, 372 S.E.2d 744 (1988) ordering a new trial for the defendant. Heard in the Supreme Court 12 September 1989.

Lacy H. Thornburg, Attorney General, by Steven F. Bryant, Assistant Attorney General, for the StatA.

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A., by Adam Stein, for the defendant appellee.

North Carolina Academy of Trial Lawyers, by E. Ann Christian, Louis D. Bilionis and Richard A. Rosen, Amicus Curiae.

PER CURIAM.

Discretionary review improvidently allowed.