State and Another v. . Pate

In selecting a jury, the solicitor for the State claimed the right of making four peremptory challenges, which was overruled by his Honor. On the trial, in order to repel the presumption raised by the examination of the woman before the magistrate, the defendant offered to prove that she had made concerning the matter contradictory statements. To this the solicitor objected, upon the ground that the woman must first be called by the defendant. This objection was also overruled by his Honor; and from a verdict and judgment in favor of the defendant, the solicitor for the State appealed to the…