State v. Leggett

In State v. Leggett, 135 N.C. App. 168, 175, 519 S.E.2d 328, 333 (1999), during the trial of Leggett's co-defendant, the State sought to impeach two of the co-defendant's witnesses. Later, the State used the same two witnesses at Leggett's trial. Id. Leggett argued that because the State sought to impeach the witnesses at his co- defendant's trial, the State could not in good faith offer those same individuals later as credible witnesses. Id. at 175, 519 S.E.2d at 333. The Court disagreed and determined that it was appropriate for the State to argue "alternative but not mutually inconsistent theories at different trials. It was also appropriate for the State to argue credibility of the witnesses to the different juries." Id. at 176, 519 S.E.2d at 334. The witnesses' statements were consistent with Leggett's admission that he shot the victim. Id. at 175, 519 S.E.2d at 333.