State v. . Thomas
Supreme Court of North Carolina
This was an indictment for murder, tried before Boykin, Judge, at Fall Term, 1887, of Henderson Superior Court. There was a verdict of guilty of murder, and from the judgment thereupon pronounced against him, the prisoner appealed. The prisoner is charged with the crime of murder committed upon the body, of one Joseph R. Barnett.
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This was an indictment for murder, tried before Boykin, Judge, at Fall Term, 1887, of Henderson Superior Court. There was a verdict of guilty of murder, and from the judgment thereupon pronounced against him, the prisoner appealed. The prisoner is charged with the crime of murder committed upon the body, of one Joseph R. Barnett. Upon the trial the prisoner was examined as a witness on his own behalf, and gave evidence tending to reduce the crime to the grade of manslaughter. Upon his cross-examination the Solicitor, prosecuting for the State, put to him the following interrogatory: “1. Were…
1Opinion of the Court
Smith, C. J.,
(after stating the case). 1. The first objection to be considered -is to the compelling the prisoner to tell with what crime he was charged before removing from Alabama.
When a person on trial for a criminal offence-shall avail himself of the right conferred by the Act of 1881, (The Code, §1353,) to become a witness on his own behalf, he occupies, as such, the same position that any other witness would, and exposes himself to the same discrediting and impeaching evidence. State v. Efler, 85 N. C., 585. This results from the necessity of ascertaining the value and weight to be…
2Cases cited9 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . EflerSupreme Court of North Carolina · 1881
- Commonwealth v. MorganMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1867
- State v. . BoonSupreme Court of North Carolina · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- State v. WilliamsSupreme Court of North Carolina · 1971
- In Re WatsonMichigan Supreme Court · 1940
- State v. . RollinsSupreme Court of North Carolina · 1893
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
19 more not listed; retrieve them via the Exa API.