FRANCIS v. BRICKHOUSE

No. 801SC295.

271 S.E.2d 588 (1980)

49 N.C. App. 433

Louis FRANCIS, Jr. v. James Rodney BRICKHOUSE.

Court of Appeals of North Carolina.

November 4, 1980.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by William W. Pritchett, Jr., Windsor, for plaintiff-appellant.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin by Dewey W. Wells, Elizabeth City, for defendant-appellee.


WEBB, Judge.

We note at the outset that the testimony of Adrian Britton Phelps as to what the defendant's finance told her is hearsay and should have been excluded. It was not admissible as a spontaneous utterance. See 1 Stansbury's N.C. Evidence § 164, p. 554 et seq. (Brandis rev. 1973). In determining whether the defendant's motion for a directed verdict was properly allowed, we must consider this evidence...

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