State v. Wheeler
Supreme Court of North Carolina
Fornication and Adultery — Evidence—Examination of Witness.. Indictment for Fornication and Adultery, tried before Moore, J., at July Term, 1889, of Buncombe Criminal Court. Verdict, judgment, and appeal by defendants. It was in evidence that the same defendants had been convicted and sentenced for this same crime at July Term, 1888, of Buncombe Inferior Court.
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Fornication and Adultery — Evidence—Examination of Witness.. Indictment for Fornication and Adultery, tried before Moore, J., at July Term, 1889, of Buncombe Criminal Court. Verdict, judgment, and appeal by defendants. It was in evidence that the same defendants had been convicted and sentenced for this same crime at July Term, 1888, of Buncombe Inferior Court. A witness for the State was permitted to testify to acts and conduct of defendants-tending to show illicit intercourse both before and since such former conviction. The defendants objected. Objection overruled. Exception. The Court…
1Opinion of the Court
Clark, J.:
The evidence tending to show acts of illicit intercourse prior to the former conviction was competent as corroborative evidence, and the Court instructed the jury that it was only admitted as such. State v. Kemp, 87 N. C, 538; State v. Pippin, 88 N. C., 646; State v. Quest, 100 N. C., 413; 2 Greenleaf Ev., § 47.
When the witness answered that she did not know the general character of Guthrie, she should have been stood aside. The subsequent question was rightly excluded. A party has no right to cross-examine his own witness. State v. Perkins, 66 N. C., 126; State v. Parks, 3 Ired.,…
2Cases cited4 opinions
- State v. . GeeSupreme Court of North Carolina · 1885
- State v. . Harvey PerkinsSupreme Court of North Carolina · 1872
- State v. . GuestSupreme Court of North Carolina · 1888
- State v. . PippinSupreme Court of North Carolina · 1883
3Cited by6 opinions
- State v. McEachernSupreme Court of North Carolina · 1973
- Cox v. StateCourt of Criminal Appeals of Texas · 1917
- Housley v. StateMississippi Supreme Court · 1945
- State v. McEachernSupreme Court of North Carolina · 1973
- State v. StegmannSupreme Court of North Carolina · 1975
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