State v. . Smith
Supreme Court of North Carolina
Indictment for assault and battery, tried at Fall Term, 18'81, of Watauga Superior Court, before Seymour, J. The defendant wa3 indicted jointly with one Green ; and on the trial the state called Green as a witness against his co-defendant Smith, to which Smith excepted. It appeared to the court, and the court so decided, that Green was an unwilling witness, and that the truth could not be elicited from him without allowing the state to ask leading questions.
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Indictment for assault and battery, tried at Fall Term, 18'81, of Watauga Superior Court, before Seymour, J. The defendant wa3 indicted jointly with one Green ; and on the trial the state called Green as a witness against his co-defendant Smith, to which Smith excepted. It appeared to the court, and the court so decided, that Green was an unwilling witness, and that the truth could not be elicited from him without allowing the state to ask leading questions. The court thereupon allowed the state’s counsel to put leading questions to the witness, and the defendant Smith excepted. The state…
1Opinion of the CourtAshe, J.
All the exceptions taken by the defendant bear upon the question whether under the law as it now exists, a defendant in a criminal action is competent and compel-lable to testify against a co-defendant.
There have been several changes in the law in this respect. The act of 1866, ch. 43, (Bat. Rev., ch. 43, § 15,) provided that the parties and persons in whose behalf any suit or other proceeding may be brought or defended, shall, except as hereinafter provided, be competent and compellable to give evidence, in behalf of either or any of the parties to said suit or other proceeding. This act…
2Cases cited1 opinion
- State v. . EflerSupreme Court of North Carolina · 1881
3Cited by8 opinions
- State v. . NortonSupreme Court of North Carolina · 1942
- State v. . MedleySupreme Court of North Carolina · 1919
- State v. . HowardSupreme Court of North Carolina · 1942
- State v. HowardSupreme Court of North Carolina · 1942
- State v. . PerrySupreme Court of North Carolina · 1936
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