STATE v. KELLY

No. 7329SC483.

197 S.E.2d 906 (1973)

19 N.C. App. 60

STATE of North Carolina v. Arnold Ray KELLY and Carson Lee McKinney.

Court of Appeals of North Carolina.

July 25, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

I. C. Crawford, Asheville, for defendant appellants.


MORRIS, Judge.

The sole question presented on appeal is whether the trial court erred in allowing State's witness Dysart to testify as to the conversation between himself and defendant Kelly's brother in which Dysart expressed his intention to go to Myrtle Beach.

As to defendant Kelly, there was sufficient evidence to show that he was in hearing distance of his brother and Dysart at the time the statement was made, and the evidence was clearly admissible against...

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