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STATE v. MOORE

No. 8718SC20.

360 S.E.2d 293 (1987)

87 N.C. App. 156

STATE of North Carolina v. Kenneth MOORE.

Court of Appeals of North Carolina.

September 15, 1987.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Steven F. Bryant, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Leland Q. Towns, Raleigh, for defendant-appellant.

ARNOLD, Judge.

Defendant first contends the trial court erred in admitting Virginia Moore's statements to Officers Hoyle and Fuller under G.S. 8C-1, Rule 804(b)(5).

Before hearsay testimony can be admitted under Rule 804(b)(5), the trial judge must first find that the declarant is unavailable and then engage in a six-part inquiry set out in State v. Smith, 315 N.C. 76,

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