State v. . Henry
Supreme Court of North Carolina
INDICTMENT for an assault with an intention to commit a rape, tried before Caldwell, J., at the last Fall Term of Per-quimons Superior Court. The evidence sent up in the bill of exceptions was quite full, and seemed to be very strong against the prisoner, but as its quality is entirely disregarded in the opinion of the Court, it is not deemed proper to set it forth in the report of the case. The prisoner, in reply, had advanced evidence of his good character.
Read the full summary
INDICTMENT for an assault with an intention to commit a rape, tried before Caldwell, J., at the last Fall Term of Per-quimons Superior Court. The evidence sent up in the bill of exceptions was quite full, and seemed to be very strong against the prisoner, but as its quality is entirely disregarded in the opinion of the Court, it is not deemed proper to set it forth in the report of the case. The prisoner, in reply, had advanced evidence of his good character. Ilis Honor, the Judge below, charged the j ury upon the testimony, “ that in a plain case a good character would not help a prisoner,…
1Opinion of the CourtBattle, J.
The charge of his Honor to the jury, as to the effect of the testimony, in relation to the character of the prisoner was, in our opinion, erroneous. It is not a rule of law that, in a plain case, the jury must not consider the evidence of the prisoner’s good character, and that it is only “ in a doubtful case that he lias a right to have it cast into the scales and weighed in his behalf.” It is admitted that, in all cases, a person accused of a crime of any grade, whether a felony or a misdemeanor, has a right to offer in his defense testimony of his good character. Whatever is admitted as…
2Cited by6 opinions
- State v. SquireSupreme Court of North Carolina · 1988
- People v. HarrisCalifornia Court of Appeal · 1926
- State v. . MorseSupreme Court of North Carolina · 1916
- People v. PiazzaCalifornia Court of Appeal · 1927
- State v. . HiceSupreme Court of North Carolina · 1895
1 more not listed; retrieve them via the Exa API.