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STATE v. N. P. OVERTON.

Homicide — Evidence.

1. The declarations of a party deceased, made in the presence of the defendant, are competent evidence against him upon the trial of an indictment for murder.

2. It is a matter of sound discretion to be left to the jury, what portion of the statement made by one charged with murder, after the commission of the alleged offense, and offered in evidence by the State, may be considered, and what not.

PEARSON, C. J.

We have examined the record and see no error. We have considered the two points made in the statement of the case as grounds for a venire de novo and are satisfied that neither of them is tenable. In fact both of them are so plain as not to admit of discussion.

PER CURIAM. No error.

Cited: S. v. Overton, 77 N.C. 486; S. v. Hardee, 83 N.C. 622.

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STATE v. OVERTON
(Jun 1, 1876)