STATE v. JOHNSON

No. 107.

239 S.E.2d 829 (1978)

STATE of North Carolina v. Gregory Lamar JOHNSON.

Supreme Court of North Carolina.

January 24, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. J. Chris Prather, Raleigh, for the State.

William F. Burns, Jr., Charlotte, for defendant-appellant.


COPELAND, Justice.

Defendant presents seven assignments of error, only four of which are discussed below. It is our conclusion that all these assignments are without merit.

Defendant argues that the trial court erred in admitting into evidence the deceased's hearsay statement to the witness Jerome Smith that he had been shot by "Greg." Statements are admissible as spontaneous utterances, however, when made by a participant or bystander in response to a startling...

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