State v. Waller

HEDRICK, Chief Judge.

Defendant first contends that the trial court, by denying his motion for mistrial, by admitting testimony as to an incriminatory out of court statement of a co-defendant, and by admitting that testimony without a limiting instruction, violated defendant’s constitutional right of confrontation in contravention of G.S. 15A-927.

*186Defendant was tried jointly with two co-defendants, one of whom was John Lewis Butler. Officer Michael McDermott testified for the State that he stopped and questioned the three defendants, who were walking along the road near the scene of the crime…