State v. Springs
Supreme Court of North Carolina
Appeal by defendant from Long, J., at September Term, 1922, of UNION. Criminal action, tried on appeal from tbe recorder’s court.
Read the full summary
Appeal by defendant from Long, J., at September Term, 1922, of UNION. Criminal action, tried on appeal from tbe recorder’s court. The warrants on which defendant was tried, as finally amended, charged an unlawful keeping of spirituous liquors for purposes of sale, O. S., art. 4, sec. 3379, and unlawfully receiving more than one quart within fifteen consecutive days from persons other than common carriers, C. S., art. 5, sec. 3385. There were facts in evidence tending to show that in May, 1921, defendant had rented and occupied a place of business in Monroe, N. C., as undertaker, the house…
1Opinion of the CourtHoee, J.
With certain recognized exceptions, applicable chiefly in civil causes, and unless expressly made so by statute, hearsay evidence is *770not competent in the trial of issues determinative of substantive rights, a position particularly insistent where such issues involve the life or liberties of the litigant. King v. Bynum, 137 N. C., 491; Hopt v. The People of Utah, 110 U. S., 574; Mima, Queen v. Hepburn, 11 U. S. (7th Cranch), 290; 1st Elliott on Evidence, secs. 315-319; 1 Greenleaf (16 ed.), sec. 99 a; Lockhart on Evidence, sec. 138; Wharton’s Criminal Evidence (9 ed.), sec. 225.
In testimony of…
2Cases cited8 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- King v. Bynum.Supreme Court of North Carolina · 1905
- State v. . HairstonSupreme Court of North Carolina · 1921
- State v. . MostellaSupreme Court of North Carolina · 1912
- Cobleigh v. McBrideSupreme Court of Iowa · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. WeldonSupreme Court of North Carolina · 1985
- Jones v. BaileySupreme Court of North Carolina · 1957
- State v. CrawfordCourt of Appeals of North Carolina · 1991
- United States v. Herman HarrisCourt of Appeals for the Fourth Circuit · 1964
- State v. TessnearSupreme Court of North Carolina · 1965
2 more not listed; retrieve them via the Exa API.