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STATE v. MARTIN

No. 7317SC87.

194 S.E.2d 60 (1973)

17 N.C. App. 317

STATE of North Carolina v. Richard M. MARTIN and Leon Jackson Smith.

Court of Appeals of North Carolina.

Certiorari Denied April 2, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Eugene Hafer, for the State.

Gwyn, Gwyn & Morgan by Melzer A. Morgan, Jr., Reidsville, for defendant appellant Martin.

Benjamin R. Wrenn, Reidsville, for defendant appellant Smith.

Certiorari Denied by Supreme Court April 2, 1973.

CAMPBELL, Judge.

Defendant Smith contends that the court erred in allowing his wife to testify as a witness against him in the criminal prosecution. While it is true that one spouse may not be a competent witness against the other in a criminal prosecution (State v. Alford, 274 N.C. 125, 161 S.E.2d 575 (1968)), there are both common law and...

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