State v. Stephens

WYNN, Judge.

In general, a “statement is admissible as an exception to the hearsay rule if it is ... a statement by a coconspirator of such party during the course and in furtherance of the conspiracy.” N.C. Gen. Stat. § 8C-1, Rule 801(d) (2004). Defendant argues that the statements in this case were made prior to the formation of the conspiracy and thus, do not fit in this exception. Although we agree that the hearsay statements allowed in this case were made prior to the formation of the conspiracy, we uphold Defendant’s conviction for armed robbery because the error was harmless.

Regarding a…