Legal Opinion

State v. Wilson

Court of Appeals of North Carolina

Decided March 5, 1985No. 844SC368PublishedCited by 2 opinions

1Opinion of the Court

PARKER, Judge.

In his first assignment of error defendant contends that the trial court erred in allowing into evidence Fields’ statement that defendant was holding his shotgun and “putting the shells in it evidently” because the statement was an opinion or a conclusion. As a general rule, a witness may not give opinion evidence when the underlying facts are such that the witness can adequately describe the facts for the jury, and the witness is no better qualified than the jury to draw inferences and conclusions. State v. Porter, 308 N.C. 680, 281 S.E. 2d 377 (1981). Fields, however, was not…

2Cases cited16 opinions

  1. State v. OdomSupreme Court of North Carolina · 1983
  2. State v. FulcherSupreme Court of North Carolina · 1978
  3. State v. PorterSupreme Court of North Carolina · 1981
  4. State v. MeltonSupreme Court of North Carolina · 1983
  5. State v. BruceSupreme Court of North Carolina · 1966

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3Cited by2 opinions

  1. State v. StreathCourt of Appeals of North Carolina · 1985
  2. State v. AttmoreCourt of Appeals of North Carolina · 1988

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