State v. Cleveland
State v. Cleveland
Opinion of the Court
A Durham police investigator’s testimony tended to corroborate Earl’s testimony. He arrested and questioned defendant, who told him several different stories about who robbed Earl and denied that he was involved. After further questioning, defendant gave police a signed statement saying that he was with Michael Thompson and watched Thompson beat up and rob Earl.
Defendant argues only one assignment of error in his brief. Earl, the victim, was allowed to testify that Thompson, one of the robbers, said, “If you don’t give me your money, June Bug [defendant] was going to hurt me.” Defendant argues that the testimony was hearsay and, therefore, inadmissible. We disagree. The hearsay rule has no application because the utterance was offered without reference to the truth of the matter asserted. Wigmore, Evidence § 1766 (Chadbourn rev. 1976). The threat by defendant’s confederate, made during their joint commission of the crime, was as competent against defendant as it would have been against the confederate. Where two or more persons are acting together in the commission of a crime, an act or declaration by one of them, made in furtherance of the commission of the offense, is admissible against the others.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.