State v. Garner

VAUGHN, Judge.

The defendant assigns as error, on several grounds, the admission into evidence of conversations and actions of his mother relating to the payment of money. He first argues that testimony that defendant’s mother came to the prosecutrix’s home and gave her a check was incompetent as hearsay. “Evidence, oral or written [or assertive conduct], is called hearsay when its probative force depends, in whole or in part, upon the competency and credibility of some person other than the witness by whom it is sought to produce it.” 1 Stansbury, North Carolina Evidence (Brandis Rev.) § 138…