Opinion

State v. Smith

  • 66 N.C. App. 570
  • 312 S.E.2d 222
  • 1984 N.C. App. LEXIS 2952
Court
Court of Appeals of North Carolina
Filed
Feb 21, 1984
Status
Published
Author
Becton
On the bench
Vaughn, Hill, Becton
Cited by
16 cases

The opinion

Judge Becton

concurring in the result.

Believing that defendant had a trial free of prejudicial error, I concur in the result reached by the majority. I write this concurring opinion only because I believe it was error to allow Detective Ray Strickland “to testify, over objection, that after talking to shop owners where defendant allegedly sold the stolen property, he determined that the shop owners’ descriptions of the seller fit the defendant,” ante p. 9. This testimony, in my view, is inadmissible hearsay. Further, because the out-of-court statements of the shop owners form the basis for Strickland’s conclusion and opinion — that “the shop owners’ descriptions of the seller fit the defendant” —the conclusion and opinion are inadmissible. Additionally, any examination of Strickland concerning the specifics of the descriptions given creates a confrontation problem. However, *580 given the evidence against the defendant, I do not believe that the admission of the challenged evidence in any way contributed to defendant’s conviction. The error was harmless.

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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