STATE v. PAYTON

No. 145.

121 S.E.2d 608 (1961)

255 N.C. 420

STATE v. Johnny PAYTON.

Supreme Court of North Carolina.

September 27, 1961.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., H. Horton Rountree, Asst. Atty. Gen., for the State.

Charles L. Abernethy, Jr., New Bern, for defendant, appellant.


PER CURIAM.

Evidence vital to the State's case against the defendant was elicited from the State's witness in the absence of the jury. The court reporter relayed this evidence to the jury by reading her notes. Thus the story of the witness went to the jury as hearsay. The defendant was entitled to have the jury hear the story from the witness herself and to observe her demeanor at the time she told it. This was a fundamental right.

A review of the record fully...

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