STATE v. SARGEANT

No. 355A10.

707 S.E.2d 192 (2011)

STATE of North Carolina v. Neil Matthew SARGEANT.

Supreme Court of North Carolina.

March 11, 2011.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by John G. Barnwell , Assistant Attorney General, for the State-appellant.

Staples S. Hughes , Appellate Defender, by Benjamin Dowling-Sendor , Assistant Appellate Defender, for defendant-appellee.


EDMUNDS, Justice.

In this case, we consider whether the trial court correctly excluded the hearsay statement made by one of the participants in a murder. The excluded statement implicated the State's only eyewitness, not defendant, as the instigator of the crime. Because we find that the trial court's findings of fact are not based upon competent evidence and that the record in its entirety does not support its conclusions of law, we determine that the trial court...

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