STATE v. STALNAKER

No. 68SC21.

162 S.E.2d 76 (1968)

1 N.C. App. 524

STATE of North Carolina v. Oleta STALNAKER.

Court of Appeals of North Carolina.

July 10, 1968.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., by William F. Briley, Raleigh, Trial Atty., for the State.

Guy E. Possinger, Charlotte, for defendant appellant.


BROCK, Judge.

The defendant offered the testimony of a niece of the defendant that while deceased was lying on the ground in his back yard after being burned, she asked him, "George, what happened?" George looked up at her and said, "Leta didn't do this."

Upon objection by the State, the trial judge overruled the objection and allowed the testimony; but the trial judge ruled that George Stalnaker's statement was not a dying declaration. The trial judge ruled...

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