STATE v. PIKE

No. 658.

159 S.E.2d 334 (1968)

273 N.C. 102

STATE of North Carolina v. James Robert PIKE.

Supreme Court of North Carolina.

February 28, 1968.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. H. Lewis, and Staff Atty. Donald M. Jacobs, Raleigh, for the State.

Harold I. Spainhour, High Point, for defendant.


BRANCH, Justice.

Defendant assigns as error the trial court's action in refusing to allow defendant to testify on voir dire hearing held on his motion to suppress evidence.

One of the most strictly defined principles in our system of jurisprudence is that which separates the functions of the court from those of the jury. State v. Fogleman, 204 N.C. 401, 168 S.E. 536. It is the duty of the court to pass on the competency and admissibility of evidence...

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