State v. Berry

Judge WHICHARD

dissenting.

I find State v. Scott, 296 N.C. 519, 251 S.E. 2d 414 (1979), rather than State v. Tew, 234 N.C. 612, 68 S.E. 2d 291 (1951), the controlling authority. In Scott the State’s key witness worked outside the home where the fingerprint in question was found. She was generally absent from the home from early morning until late afternoon. The Supreme Court noted that she thus was unable to testify from her personal knowledge as to who visited the home during her absence. Scott, 296 N.C. at 526, 251 S.E. 2d at 418. It reversed defendant’s conviction, stating;

In the absence of…