STATE v. HUMPHREY

No. 713SC608.

184 S.E.2d 902 (1971)

STATE of North Carolina v. Albert HUMPHREY.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan by Asst. Atty. Gen., William W. Melvin and Associate Atty., Louis W. Payne, Jr., Raleigh, for the State.

David S. Henderson, New Bern, for defendant appellant.


CAMPBELL, Judge.

The defendant raises two questions on appeal:

1. Whether the trial court committed prejudicial error in allowing the State's witness to give hearsay evidence of flight and in instructing the jury on the consideration of evidence of flight.

2. Whether the court's instructions to the jury on the principles of alibi were proper.

Over objection by defendant, the trial court allowed the State's witness, Ark Smith, to testify that...

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