State v. . Strat
Supreme Court of North Carolina
—From Hillsborough. The defendant was indicted for Perjury and found guilty, subject to the opinion of the Court on the following case. The defendant prosecuted one ¡Eephariah Tate and others fora riot. On the trial of the indictment the defendant was examinad as a witness, and was asked, whether he did not present á gun at Zephariah Tate, or threaten to shoot him? He was cautioned by the Counsel who propounded tins question, to take care how ho answered it.
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—From Hillsborough. The defendant was indicted for Perjury and found guilty, subject to the opinion of the Court on the following case. The defendant prosecuted one ¡Eephariah Tate and others fora riot. On the trial of the indictment the defendant was examinad as a witness, and was asked, whether he did not present á gun at Zephariah Tate, or threaten to shoot him? He was cautioned by the Counsel who propounded tins question, to take care how ho answered it. He answered x that be did not present a gun at said Tate or threaten to shoot him. lie was then cautioned to take care how he answered…
1Opinion of the Court
Locke — Judge,
delivered the opinion of the Court. — Xjt cannot be doubted, that if the oath be wholly foreign to the issue or altogether immaterial and by no means pertinent to the question, not tending to aggravate or extenuate the damages or fine, nor likely to induce the jury to give a rea_ dier credit or to lessen the credit to the substantial part oí ■the evidence, it cannot amount to the crime of perjury.. Hawkins in his Pleas of the Crown, 823, has put several instances to illustrate this position. “ As where a. witness being asked by a Judge whether A brought a certain number of sheep…
2Cited by1 opinion
- State v. . ClineSupreme Court of North Carolina · 1909