STATE v. SHAW

No. 5A81.

289 S.E.2d 325 (1982)

STATE of North Carolina v. Morris Lee SHAW.

Supreme Court of North Carolina.

March 30, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Douglas A. Johnston, Asst. Atty. Gen. and Lucien Capone III, Raleigh, for the State.

Adam Stein, Appellate Defender, by James H. Gold, Asst. Appellate Defender, Raleigh, for defendant-appellant.


MEYER, Justice.

I

The basic question for review on this appeal is whether the physician-patient privilege against disclosure of confidential communications and information extends to optometrists. We conclude that it does not. Because of the trial judge's erroneous exclusion of testimony of the prosecuting witness's optometrist proffered by defendant, as privileged, defendant is entitled to a new trial.

The evidence in brief summary tended to show...

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