State v. . Cheek
Supreme Court of North Carolina
Appeal from the Superior Court of Law of' Chatham-County, at- the Fall- Term, 1851, his- Honor- Judge Ellis,. presiding- The prisoner was indicted with Aaron Malone'and Ro-hert George, a free negro, for passing to one Berry Davidson a counterfeit note, purporting to be a note for $20, issued by the Bank of Georgetown, in South Carolina.
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Appeal from the Superior Court of Law of' Chatham-County, at- the Fall- Term, 1851, his- Honor- Judge Ellis,. presiding- The prisoner was indicted with Aaron Malone'and Ro-hert George, a free negro, for passing to one Berry Davidson a counterfeit note, purporting to be a note for $20, issued by the Bank of Georgetown, in South Carolina. One count charged-, in the usual form under the statute, that all; three of them passed' the note ;• and’ a second, that Malone-passed it, and that George and Cheek incited and procured him to pass it. They were tried together and found guilty generally, and…
1Opinion of the CourtRuffiN, C. J.
It is objected, that McCulloch ought not to have been allowed to speak of anything, on which his memory had been refreshed by looking at 'his books, without producing the book on the trial. But the rule seems to be otherwise. As the book was written by the witness, himself, and was not, in itself, evidence, and the witness was obliged,'after seeing it, to speak from his remembrance of the tacts, it could serve no purpose to compel him to bring his book to Court. At most, the absence of it could only affect the confidence the Jury might yield to his statement, as it might not be as great, as…
2Cited by6 opinions
- State v. SmithSupreme Court of North Carolina · 1977
- State v. MagersOregon Supreme Court · 1899
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- State v. . GibbsSupreme Court of North Carolina · 1947
- State Ex. Rel. Davenport v. McKeeSupreme Court of North Carolina · 1886
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