State v. McDaniel

In our former opinion in this case, 272 N.C. 556, 158 S.E. 2d 874, we held:

1: It was error to admit, over objection, a statement by the deceased, not made in the presence of the defendant and not qualifying as a dying declaration, that it was the defendant who had cut him;

2. It was error to admit, over objection, statements made to a police officer by the defendant, while in custody, to the effect that he had intentionally cut the deceased with a knife, because the procedure required by former decisions of this Court (see State v. Gray, 268 N.C. 69, 150 S.E. 2d 1) for determining the…