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STATE v. WILSON

No. 7222SC386.

188 S.E.2d 695 (1972)

14 N.C. App. 399

STATE of North Carolina v. Spike WILSON.

Court of Appeals of North Carolina.

Certiorari Denied August 1, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Rafford E. Jones, for the State.

Robert C. Hedrick, Lexington, for defendant appellant.

Certiorari Denied by Supreme Court August 1, 1972.

CAMPBELL, Judge.

The first assignment of error presented by the defendant is that it was error to permit the testimony of Mrs. Brent Smith that she heard the deceased state, "Spike, don't shoot me. I ain't done nothing to you—don't shoot me. . . ." immediately before she heard a shot. We think this evidence was competent as part of the res gestae. State v. Spivey, 151 N.C. 676, 65 S.E. 995 (1909...

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