State v. Messer

Court of Appeals of North Carolina

State v. Messer

197 S.E.2d 37, 18 N.C. App. 471, 1973 N.C. App. LEXIS 1906

CourtCourt of Appeals of North Carolina

DecidedJune 13, 1973

DocketNo. 7318SC396

StatusPublished

Cited by1 cases

This text of 197 S.E.2d 37 (State v. Messer) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Messer, 197 S.E.2d 37, 18 N.C. App. 471, 1973 N.C. App. LEXIS 1906 (N.C. Ct. App. 1973).

Pincite

Opinion

VAUGHN, Judge.

The Public Defender brings forward numerous assignments-of error on behalf of the defendant. We hold as follows.

[473]*473Defendant’s objections to the officer’s testimony as to defendant’s statement, “I’m sorry the gun wasn’t loaded, I’d have blowed your damn head off,” were properly overruled. “Volunteered statements are competent evidence, and their admission is not barred under any theory of the law, state or federal.” State v. Haddock, 281 N.C. 675, 190 S.E. 2d 208.

The State’s evidence made the case one for the jury. Defendant’s assignments of error which relate to his motions for nonsuit, motion to set aside the verdict and the entry of judgment are overruled as are those directed to the charge of the court.

No error.

Judges Campbell and Hedrick concur.

Free access — add to your briefcase to read the full text and ask questions with AI