[Download] "North Carolina State Bar v. Graves" by Court of Appeals of North Carolina No. 8010NCSB491 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: North Carolina State Bar v. Graves
• Author : Court of Appeals of North Carolina No. 8010NCSB491
• Release Date : January 03, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

By his first assignment of error, defendant contends that the Hearing Committee's Finding of Fact No. 5 was not supported by any competent evidence. We disagree. The record contains ample competent evidence that defendant advised Guthrie as indicated in the challenged finding. Guthrie testified that ""Mr. Graves said to me that if they do subpoena me, then I should go and not say anything or plead the Fifth or just not show up for court."" Guthrie further testified that during the taped telephone conversation, ""he [defendant] told me that I should plead the Fifth and not say anything and that if I did not say anything, they wouldn't say anything against me."" Guthrie also testified that ""I believe Mr. Graves told me that if I wasn't subpoenaed I would not have to go to court. I told Officer Young that I had been told that if I had been subpoenaed, and I did go to court, I didn't have to say anything."" Defendant himself testified that Guthrie and Smith had each denied being the driver of the car at the time of Smith's arrest, and that in talking with Guthrie, defendant said that ""somebody wasn't telling the truth, and Mr. Guthrie agreed with that, that there could be only one person driving the car at the time of the accident."" Defendant also admitted that he told Guthrie, ""Well, I'm not going to let her testify against you if you won't testify against her.""

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