State v. Wright

The defendants assign as error the admission of the following evidence: “Question: Did they have authority to leave the farm to which they were assigned to work? Answer: No, sir, they didn’t have any authority to leave. I had not checked previously that day.” The witness admitted on cross examination that the testimony was not based on his personal knowledge; however, evidence which was substantially the same had been admitted previously without objection. Superintendent Hayes testified: “The inmates did not have permission to come to Louisburg.”

“If incompetent evidence is admitted over…