STATE v. WHITE

No. 823SC929.

306 S.E.2d 468 (1983)

STATE of North Carolina v. Mary WHITE.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., George W. Lennon, Raleigh, for the State.

Sumrell, Sugg & Carmichael by Rudolph A. Ashton, III, New Bern, for defendant-appellant.


PHILLIPS, Judge.

Three of defendant's assignments of error, the only ones requiring discussion, relate to receiving the officer's testimony that the decedent told him he was dying and the defendant shot him. She contends that Sawyer's statement was inadmissible hearsay, rather than a qualified dying declaration, in that Sawyer was not then in any real danger of dying and no doctor or medical attendant had told him that he was. The record certainly supports the defendant...

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