State v. Arrington
State v. Arrington
Opinion of the Court
Defendant contends first that the court erred in allowing Officer Schoch to testify as to what was found in the Chevrolet and allowing said evidence to be admitted. We find no merit in the assignment.
' This contention relates primarily to the shotgun and rifle which police removed from the Chevrolet and which were admitted as evidence. We think the evidence was admissible under authority of State v. Hill, 278 N.C. 365, 180 S.E. 2d 21 (1971), and no useful purpose would be served in restating the principles set forth in that opinion. Furthermore, we note that while defendant objected to testimony given by Officer Schoch regarding the search, he did not object to similar, if not identical, testimony given by Officer Ringer. It is settled that ordinarily the admission of testimony over objection is harmless when testimony of the same import is theretofore, or thereafter, admitted without objection. 3 Strong, N. C. Index 2d, Criminal Law, § 169.
Defendant’s other contention is that the court erred in holding that he waived his constitutional rights as declared in Miranda and admitting into evidence incriminating statements which he allegedly made to police. This contention has no merit.
Before evidence relating to defendant’s alleged statements was admitted, the court conducted a voir dire in the absence of the jury. Following the voir dire, the court found facts with
We hold that defendant received a fair trial, free from prejudicial error.
No error.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA v. ALBINE ARRINGTON
- Cited By
- 2 cases
- Status
- Published