Issue

Hearsay—phone call between murder victim and niece—code name used for defendant—excited utterance exception

Summary

In defendant's prosecution for first-degree murder and robbery with a dangerous weapon, evidence that the victim called his niece the night before he was murdered and quickly said "Dianne to the house" before hanging up, which they both knew was a code name for defendant, was not improperly admitted because, although the statement was hearsay, it fell within the excited utterance exception since it was made in circumstances indicating that the victim was startled by the defendant's intention to come to his home (the phone call was hurried and brief, and the victim and defendant had experienced recent conflict in their relationship).

Summary from the North Carolina Reports digest (official subject index). Read the opinion →