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STATE v. HARPER

No. 289.

69 S.E.2d 164 (1952)

235 N.C. 67

STATE v. HARPER et al.

Supreme Court of North Carolina.

February 1, 1952.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State appellee.

C. W. Beaman and K. A. Pittman, Snow Hill, for defendant appellant.

VALENTINE, Justice.

The submission of the special verdict in this case was not the proper procedure and had the effect of placing upon the jury the responsibility of determining the competency of the evidence, and tended only to confuse the issue. The jury may never be properly called upon to determine the competency or the admissibility of evidence. These are questions addressed solely to the presiding judge and must be by him determined and ruled upon. Sanderson...

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