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North Carolina v. Barbour

Filed: September 18, 1979.

STATE OF NORTH CAROLINA
v.
RAYMOND EDWARD BARBOUR



Appeal by defendant from Lewis, Judge. Judgment entered 22 September 1978 in Superior Court, Alamance County. Heard in the Court of Appeals 28 August 1979.

Hedrick, Judge. Judges Vaughn and Arnold concur.

Hedrick

Defendant first assigns error to the Court's allowing Officer Hoggard to testify that the defendant stated to his wife in the presence of the officer, "I shot him. . . . You know what happened." When defendant objected to testimony of what he said, the Court conducted a voir dire examination to determine the admissibility of the offered evidence.

The substance of the voir dire testimony was as follows:

Officer Hoggard testified that he advised defendant of his Miranda rights when he first arrived at the scene of the shooting:

I advised him that he had a right to remain silent. That anything he said would be used in a court of law. I advised him he had a right to an attorney. If he could not afford an attorney, one would be appointed for him by the state. And, I also advised him that he had a right to stop talking to me at anytime he wanted to.

Defendant did not request an attorney, nor did he refuse to talk to Officer Hoggard. He told the officer that "he had to stop Bill Abner. That Bill Abner was getting away with his drugs and he had to stop him and that's the reason he shot him."

Defendant was then taken to the police station to be booked. He was not re-advised of his Miranda rights. Later on that night,

defendant's wife appeared and asked Officer Hoggard if she could see her husband. Officer Hoggard initially refused her request, but subsequently agreed to accompany her to the booking room. Officer Hoggard testified that he insisted on being present during the visit for security reasons. As they walked into the booking room, the following conversation occurred between defendant and his wife:

Mrs. Barbour: "Rymond, tell me it's not true."

Defendant: "Yes, I ...


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