Legal Opinion · Concurrence

State v. Fogleman

Supreme Court of North Carolina

Decided November 5, 1913Published

Appeal by defendant from Lane, J., at July Term, 1913, of Forsyth.

1ConcurrenceWalker, J.

I think the opinion of the Court in this case states the correct rule with respect to the credit a jury should give to a witness likely to be biased by his interest in the cause or his relation to it or to the parties, when it says: “The prisoner further excepts because the court charged the jury: 'When you come to consider the testimony of his *463father and mother, it is your duty to consider their relationship to him, their partiality to him, and the effect that it would have on them to have him convicted; and then ascertain as best you can what influence that would have upon the truthfulness…

2Cases cited8 opinions

  1. S. v. . VannSupreme Court of North Carolina · 1913
  2. State v. . ByersSupreme Court of North Carolina · 1888
  3. Flynt v. . BodenhamerSupreme Court of North Carolina · 1879
  4. State v. . NatSupreme Court of North Carolina · 1858
  5. Herndon v. Southern Railway Co.Supreme Court of North Carolina · 1913

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