Opinion

State v. Hooper

  • 79 N.C. App. 93
  • 339 S.E.2d 70
  • 1986 N.C. App. LEXIS 1989
Court
Court of Appeals of North Carolina
Filed
Feb 4, 1986
Status
Published
Author
Webb
On the bench
Becton, Cozort, Webb
Cited by
0 cases

The opinion

Judge Webb

dissenting.

I dissent. I do not believe the statement by Mr. Reed that the defendant stopped talking to him and asserted his constitutional rights is prejudicial error. This is not a case in which the defendant remained silent and this was used against him. Mr. Reed properly testified as to what the defendant told him. I do not see how it is more harmful to the defendant for Mr. Reed to have testified as he did rather than merely to have said the defendant stopped talking to him, which in the majority view would not have constituted prejudicial error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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