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STATE v. VANDIVER

No. 85.

144 S.E.2d 54 (1965)

265 N.C. 325

STATE v. Joseph Landrum VANDIVER, Jr.

Supreme Court of North Carolina.

September 22, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Charles W. Barbee, Jr., and Staff Atty. Leon H. Corbett, Jr., for the State.

Shelby E. Horton, Jr., Asheville, for defendant appellant.

PARKER, Justice.

Before pleading to the indictment, defendant moved to quash the indictment on the ground that his legal wife testified before the grand jury that found the indictment here a true bill. Defendant's daughter also testified before the grand jury. The court denied his motion, and he assigns this as error. This assignment of error is overruled.

By virtue of the express provisions of G.S. § 8-57, defendant's legal wife was a competent witness...

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