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State v. Dillahunt

94 S.E.2d 479, 244 N.C. 524, 1956 N.C. LEXIS 450
CourtSupreme Court of North Carolina
DecidedSeptember 26, 1956
Docket73
StatusPublished
Cited by10 cases

This text of 94 S.E.2d 479 (State v. Dillahunt) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dillahunt, 94 S.E.2d 479, 244 N.C. 524, 1956 N.C. LEXIS 450 (N.C. 1956).

Opinion

Per Curiam.

In a criminal action neither the husband nor the wife is competent to testify against the other. G.S. 8-57. The rule is subject to certain exceptions not material here. The prohibition extends to declarations made by one spouse not in the presence of the other. It is the duty of the presiding judge to exclude such evidence. Objection is not necessary. S. v. Warren, 236 N.C. 358, 72 S.E. 2d 763. The Attorney General concedes the State’s inability to distinguish between this and the Warren case and on its authority the assignment of error is sustained and a new trial ordered.

New trial.

Johnson, J., not sitting.

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Cite This Page — Counsel Stack

Bluebook (online)
94 S.E.2d 479, 244 N.C. 524, 1956 N.C. LEXIS 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillahunt-nc-1956.