STATE v. WEST

No. 844SC1184.

333 S.E.2d 522 (1985)

STATE of North Carolina v. Pearl Alfreda WEST.

Court of Appeals of North Carolina.

September 3, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Lucien Capone III, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Robin E. Hudson, for defendant-appellant.


ARNOLD, Judge.

We first consider whether the trial judge should have excluded the testimony of Detective Jimmy Smith as to what Carlton West testified at the preliminary hearing of this case. Mr. West, defendant's husband, testified against his wife at the preliminary hearing, but avoided testifying against her at trial by claiming the privilege of not testifying against his spouse. The trial judge found defendant's husband to be an unavailable witness, and allowed...

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