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STATE v. PENN

No. 7721SC983.

244 S.E.2d 702 (1978)

STATE of North Carolina v. Bernard Lee PENN.

Court of Appeals of North Carolina.

June 6, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Elisha H. Bunting, Jr., Raleigh, for the State.

Harper & Wood by J. Clifton Harper, Winston-Salem, for defendant-appellant.

MORRIS, Judge.

In addressing defendant's first assignment of error, we look first at G.S. 8-51.1 "Dying declarations" which provides:

"The dying declarations of a deceased person regarding the cause or circumstances of his death shall be admissible in evidence in all civil and criminal trials and other proceedings before courts, administrative agencies and other tribunals to the same extent and for the same purposes...

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