STATE v. ELLISON

No. 7324SC425.

198 S.E.2d 77 (1973)

19 N.C. App. 38

STATE of North Carolina v. Jerry ELLISON and Charles Ellison.

Court of Appeals of North Carolina.

July 25, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Dale P. Johnson, Raleigh, for the State.

Charles C. Lamm, Jr., Boone, for defendant appellants.


HEDRICK, Judge.

Defendant, Jerry Ellison, contends the trial court erred:

". . . in allowing one of the State witnesses, to-wit, Johnnie Carroll, Chief Deputy of Watauga County, to testify as to what the defendant, Jerry Ellison, told him on July 17, 1972, about taking a 22 pellet gun from the campground, without first making a finding that the statement was voluntarily made."

Prior to the admission of the challenged testimony, the trial court conducted...

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