This section contains the nature of the case and procedural background.

Odom, Beach, Dyson, and Lackey (Ds) were charged with participation in a scheme to cast false and fraudulent absentee ballots in casting ballots in the names of residents at a retirement home. Odom (D) was a deputy sheriff under the incumbent Alexander County sheriff who was a candidate for reelection. The scheme involved casting absentee votes in the name of residents of The Belle's View Rest Home. The residents were generally persons of advanced years, feeble both physically and mentally. Ds were also charged with conspiracy to vote more than once. During trial, the United States (P) introduced the testimony of the residents. Ds motioned to have the competency of each resident determined by the judge. That motion was denied. The court did not swear some of the witnesses because they were not competent to understand the questions. Ds did not immediately object to the unsworn testimony until the next day. Ds filed a motion to strike. Ds were convicted and appealed.

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