Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Hairston, 262 N.C.App. 106, 820 S.E.2d 590 (Oct. 16, 2018)
The defendant failed to preserve for appellate review his argument that the trial court erred by admitting 404(b) evidence. The defense objected to the witness’s testimony outside the presence of the jury and before the witness was sworn. After a voir dire, the trial court overruled the defendant’s objection. The jury then was called back to the courtroom and the witness testified without objection. As such, the defendant failed to preserve the issue.