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STATE v. BYRD

No. 7427SC223.

205 S.E.2d 326 (1974)

21 N.C. App. 734

STATE of North Carolina v. Ronald Sylvester BYRD.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Walter E. Ricks, III, Asst. Atty. Gen., Raleigh, for the State.

Atkins & Layton, P. A. by Nicholas Street, Gastonia, for defendant-appellant.

VAUGHN, Judge.

Error was committed when the State was allowed to offer evidence that defendant's wife, who did not testify, had pled guilty to the breaking and entering and thus admitted her participation in a crime which, according to the State's evidence, was committed by defendant and his wife.

With certain exceptions to the rule at common law which are set out in G.S. §8-57 and not material here, one spouse...

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