STATE V. ENGLISH
    
      201 N.C. 295, 159 S.E. 318 (1931)
    
      NATURE OF THE CASE: English (D) sought review of a judgment from the trial court, which 
      entered a jury's verdict convicting D of murder in the second degree, and sentenced him to a 
      term of imprisonment of not less than 20 years and not more than 30 years.
    
      FACTS: English (D) was charged with the murder of his wife. D offered evidence tending to 
      show that on Sunday, the day after the murder, a negro by the name of Dave Locke, was 
      arrested in Wilmington, and this negro, in the presence of three Wilmington officers, 
      admitted that he killed Berta English 'and described the house, the conditions of the body 
      and the entire condition of the woman' as she was afterwards found. This negro also stated 
      that he killed Mrs. English with a fire-poker and tore her bloomers off, and stated that the 
      fire-poker was bent at one end, and that in the struggle with Mrs. English he lost two 
      buttons from his overalls, and that he produced these buttons and showed them to the 
      officers at the time of the confession. The statement of the suspect gave 'a pretty good 
      description of the house and of the roads about the premises.' The record is not clear, but 
      apparently the negro was discharged, and has since not been seen about that part of the 
      country. All of the foregoing evidence was excluded by the court. Thereafter another negro 
      by the name of Dave Brockington was arrested and charged with the murder of Mrs. English. At 
      his trial, all evidence regarding Locke's confession was excluded. The court excluded the 
      evidence on hearsay grounds. The jury convicted D of murder in the second degree. D appeals 
      the conviction.
    
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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