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HINES v. FRINK

No. 177.

127 S.E.2d 509 (1962)

257 N.C. 723

Robert J. HINES v. Malcolm S. FRINK, Administrator of the Estate of Thomas Ray Gore, Deceased. Malcolm S. FRINK, Administrator of the Estate of Thomas Ray Gore, Deceased, v. Robert J. HINES and Donald Ray Eagle.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

S. Bunn Frink, Southport, and Isaac C. Wright, Wilmington, for appellant.

L. Gleason Allen, Napoleon B. Barefoot, Wilmington, and Dupree, Weaver, Horton & Cockman, Raleigh, for appellees.

SHARP, Justice.

Appellant's first assignment of error relates to the testimony of the investigating officer that the license plate on Gore's Dodge truck had been issued for an International truck which he found out later had been junked. This hearsay was, of course, incompetent and totally irrelevant. However, it is inconceivable that it could have affected the verdict. Jurors are presumed to be persons of "sufficient intelligence...

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