State v. Lail

ARNOLD, Judge.

Defendant’s argument that hearsay testimony was admitted is without merit. None of the testimony which defendant challenges under this assignment of error falls within the definition of hearsay, that is, an assertion of a person other than the witness which is offered to prove the truth of the matter asserted. 1 Stansbury’s N.C. Evidence § 138 (Brandis rev. 1973). Two of the challenged statements are testimony as to what the witness told the defendant, the third is not an assertion, and the fourth is not offered to prove the truth of the matter asserted but merely to prove that…