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North Carolina v. Davis

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eBook details

  • Title: North Carolina v. Davis
  • Author : Supreme Court of North Carolina
  • Release Date : January 04, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

In defendants first Assignment of Error, defendants contend the court committed reversible error by admitting testimony regarding the content of a telephone conversation allegedly placed by defendant Sophia Franklin to witness Robert McKay, an attorney with plaintiff law firm. We agree with defendants that when there is no other evidence to authenticate the identity of the speaker who placed the call except that he states his name, the evidence is inadmissible as hearsay. Everette v. Lumber Co., 250 N.C. 688, 110 S.E.2d 288 (1959). However, it is not necessary that proof of the identification be made before the introduction of the evidence of the conversation. Id. Identity of the caller may be established by direct or circumstantial evidence, id., anytime throughout the development of the case, State v. Strickland, 229 N.C. 201, 208,


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