POPE v. McLAMB

No. 7411SC616.

209 S.E.2d 856 (1974)

23 N.C. App. 666

Hixie J. POPE, Administratrix of the Estate of Ernest Alton Pope, Jr., Deceased v. C. H. McLAMB et al.

Court of Appeals of North Carolina.

November 20, 1974.


Attorney(s) appearing for the Case

Robert A. Spence, P. A., Smithfield, for plaintiff appellant.

George B. Mast, P. A. by Joseph T. Nall, Smithfield, for defendant appellee.


MORRIS, Judge.

By her first assignment of error plaintiff contends that the action of the court in allowing into evidence the testimony of the patrolman as to defendant's statement with respect to his speed was prejudicial error. We agree that the court erred in admitting this testimony. It was clearly hearsay. It was elicited on cross-examination, could only be corroborative if defendant testified, and defendant did not testify and subject himself to cross-examination...

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