#### STATE OF NORTH CAROLINA v. ARTHUR EDWARD BALDWIN

No. 126PA97

(Filed 7 November 1997)

On discretionary review pursuant to N.C.G.S. § 7A-31 to review a decision of the Court of Appeals, 125 N.C. App. 530, 482 S.E.2d 1 (1997), which granted a new trial to the defendant who had been convicted of first-degree murder and sentenced to life in prison by Wood, J., on 19 December 1995 in Superior Court, Forsyth County. Heard in the Supreme Court 16 October 1997.

Michael F. Easley, Attorney General, by Jeffrey P. Gray, Assistant Attorney General, for the State-appellant.

J. Clark Fischer for defendant-appellee.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice ORR did not participate in the consideration or decision of this case.