State v. Tolbert

BaeNhill, O. J.

It is axiomatic with us that when a complete defense is made out by the State’s evidence, a defendant should be allowed to avail himself of such defense on a demurrer to the evidence under G-.S. 15-173. This is true even when the exculpating evidence is in the form of statements of defendant offered in evidence by the State. S. v. Watts, 224 N.C. 771, 32 S.E. 2d 348; S. v. Todd, 222 N.C. 346, 23 S.E. 2d 47; S. v. Robinson, 229 N.C. 647, 50 S.E. 2d 740.

The State, by offering evidence of the declarations or admissions of a defendant, is not precluded from showing that the facts…