STATE v. KNIGHT

No. 806SC1204.

281 S.E.2d 77 (1981)

STATE of North Carolina v. Ricky Allen KNIGHT.

Court of Appeals of North Carolina.

August 18, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. William F. Briley, Raleigh, for the State.

Chambers, Ferguson, Watt, Wallas, Adkins and Fuller by James E. Ferguson, II, and James C. Fuller, Jr., Charlotte, for defendant-appellant.


WEBB, Judge.

The admission of the testimony by Mr. Ward as to what Howard Williams told him in regard to Ricky Knight's participation in the alleged crimes was hearsay testimony. The probative force of this evidence depended upon the credibility of Howard Williams and not Mr. Ward. See 1 Stansbury's N.C. Evidence § 138 (Brandis rev. 1973) for the definition of hearsay testimony. It was error to allow this testimony.

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