STATE v. MILLER

No. 115A91.

408 S.E.2d 846 (1991)

330 N.C. 56

STATE of North Carolina v. Julius Edgar MILLER.

Supreme Court of North Carolina.

October 3, 1991.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Valerie B. Spalding, Asst. Atty. Gen., Raleigh, for the State.

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A. by James E. Ferguson, II, Charlotte, for defendant-appellant.


MITCHELL, Justice.

The defendant, Julius Edgar Miller, seeks a new trial on the charge of firstdegree murder, contending that the trial court erred in admitting certain unsworn, out-of-court statements by witnesses who were available and testified at trial. We conclude that the defendant's contention has merit and that he must be granted a new trial.

The State's evidence tended to show that in July of 1989, the defendant and his wife Daisy had been separated...

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