North Carolina § 8-49 - Witness not excluded by interest or crime.

§ 8-49. Witness not excluded by interest or crime.

No person offered as a witness shall be excluded, by reason of incapacity from interest or crime, from giving evidence either in person or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit or proceeding, civil or criminal, in any court, or before any judge, justice, jury or other person having, by law, authority to hear, receive and examine evidence; and every person so offered shall be admitted to give evidence, notwithstanding such person may or shall have an interest in the matter in question, or in the event of the trial of the issue, or of the suit or other proceeding in which he is offered as a witness. This section shall not be construed to apply to attesting witnesses to wills. History (1866, c. 43, ss. 1, 4; C.C.P., c. 342; 1869-70, c. 177; 1871-2, c. 4; Code, ss. 589, 1350; Rev., ss. 1628, 1629; C.S., s. 1792.) Cross References. - As to witnesses, generally, see Chapter 8C , Article 6. As to disqualification of certain interested persons, see G.S. 8C-1 , Rule 601(c). Legal Periodicals. - For note on spousal testimony in criminal proceedings, see 17 Wake Forest L. Rev. 990 (1981). For article, "An Analysis of the New North Carolina Evidence Code," see 20 Wake Forest L. Rev. 1 (1984). For article, "Silence, Confessions, and the New Accuracy Imperative," see 65 Duke L.J. 697 (2016).