#### STATE OF NORTH CAROLINA v. BILLY FRED WILSON, JR.

No. 169A93

(Filed 8 October 1993)

Appeal by the State pursuant to N.C.G.S. § 7A-30Í2) from the unpublished decision of a divided panel of the Court of Appeals finding error in defendant’s trial before Caviness, J., at the 4 November 1991 Criminal Session of Superior Court, Catawba County, and remanding the case for a new trial. Heard in the Supreme Court 14 September 1993.

Michael F. Easley, Attorney General, by Isaac T. Avery, III, Special Deputy Attorney General, and Linda M. Fox, Assistant Attorney General, for the State-appellant.

Sigmon, Sigmon and Isenhower, by W. Gene Sigmon, for defendant-appellee.

PER CURIAM.

AFFIRMED.