State v. . Hawkins
Supreme Court of North Carolina
Indictment for perjury, tried before Bynum, J, at September Term, 1894, of Wake Superior Court. The indictment charged the defendant with committing perjury upon the trial of an action in the Mayor’s Court of the city of Raleigh, in which the State was plaintiff, and said ■defendant and one Benjamin Curtis were defendants, “ by falsely asserting, on oath, that he, James Hawkins, did not have or use an axe, or any kind of sharp instrument, in a fight” in'which he, said…
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Indictment for perjury, tried before Bynum, J, at September Term, 1894, of Wake Superior Court. The indictment charged the defendant with committing perjury upon the trial of an action in the Mayor’s Court of the city of Raleigh, in which the State was plaintiff, and said ■defendant and one Benjamin Curtis were defendants, “ by falsely asserting, on oath, that he, James Hawkins, did not have or use an axe, or any kind of sharp instrument, in a fight” in'which he, said Hawkins, was charged with having engaged with said Curtis, in the trial aforesaid, knowing said statement to be false, etc.…
1Opinion of the Court
Burwell, J.:
The testimony shows that when the defendant made in the Mayor’s Court the statement which is alleged to have been false, he was not being examined under the provisions of section 1145 of The Code, but was testifying in his own behalf and of his own accord, and at the suggestion of his own counsel, then present. He had a right so to testify. The Code, section 1353. If he saw fit to exercise that right, as it seems he did, he is to be treated just as any other witness.
2. There was the testimony of one witness (Curtis) that the oath of the defendant was false. To prove its falsity it…
2Cases cited1 opinion
- State v. . GatesSupreme Court of North Carolina · 1890
3Cited by12 opinions
- State v. SheffieldSupreme Court of North Carolina · 1959
- State v. . RhinehartSupreme Court of North Carolina · 1936
- State v. . DeeSupreme Court of North Carolina · 1938
- United States v. BellU.S. Circuit Court for the District of Western Tennessee · 1897
- State v. FarrellSupreme Court of North Carolina · 1944
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