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MATTER OF BARKLEY

No. 8212DC265.

300 S.E.2d 713 (1983)

In the Matter of Dariyan BARKLEY, Latera Barkley and Johnny Barkley.

Court of Appeals of North Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

Jennie Dorsett, Fayetteville, for petitioner-appellee.

Asst. Public Defender, Staples Hughes, Fayetteville, for respondent-appellant.

EAGLES, Judge.

Respondent initially argues that the court erred when it denied respondent's motion to strike the testimony of Dariyan and Ms. Roach as to statements Lester Whittington made to Dariyan concerning the noise in the hallway and Dariyan's punishment for failing to stop it. We reject respondent's contention that Dariyan's and Ms. Roach's testimony as to the statements was hearsay and excludable, since the testimony was not admitted to prove the truth of...

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