Hines v. Frink

SHARP, J.,

Appellant’s first assignment of error relates to the testimony of the investigating officers that the license plate on Gore’s Dodge truck had been issued for an International truck which he found out later had been junked. This hearsay was, of course, incompetent and totally irrelevant. However, it is inconceivable that it could have affected the verdict. Jurors are presumed to be persons of “sufficient intelligence”. Murphy v. Power Company, 196 N.C. 484, 146 S.E. 204. Technical error will not authorize a new trial unless it appears that the objecting party was prejudiced thereby,…