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STATE v. DILLAHUNT

No. 73.

94 S.E.2d 479 (1956)

244 N.C. 524

STATE v. Norris DILLAHUNT.

Supreme Court of North Carolina.

September 26, 1956.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.

Cecil D. May, New Bern, John D. Larkins, Jr., Trenton, for defendant, appellant.

PER CURIAM.

In a criminal action neither the husband nor the wife is competent to testify against the other. G.S. § 8-57. The rule is subject to certain exceptions not material here. The prohibition extends to declarations made by one spouse not in the presence of the other. It is the duty of the presiding judge to exclude such evidence. Objection is not necessary. State v. Warren, 236 N.C. 358

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