State v. Payton
This text of 121 S.E.2d 608 (State v. Payton) 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.
Opinion
Evidence vital to the State’s case against the defendant was elicited from the State’s witness in the absence of the jury. The court reporter relayed this evidence to the jury by reading her notes. Thus the story of the witness went to the jury as hearsay. The *421 defendant was entitled to have the jury hear the story from the witness herself and to observe her demeanor at the time she told it. This was a fundamental right.
A review of the record fully discloses the difficult problem confronting the court by reason of the tender age of the witness and the excitement incident to her role in the court proceedings. Nevertheless, guilt must be established by evidence offered in accordance with the rules. For the error committed, the defendant is awarded a
New trial.
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Cite This Page — Counsel Stack
121 S.E.2d 608, 255 N.C. 420, 1961 N.C. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-payton-nc-1961.