State v. . Kirkman
Supreme Court of North Carolina
Larceny, tried before Gloud, J., at Fall term 1868, of the-Superior Court of Surry. On the trial the prosecutor, one Haymore, upon cross-examination, deposed to a conversation in relation to the theft with one Shelton, in which he represented the latter as saying, that he knew more of the theft than he wished to know, and that he would get witness’ money (the subject of the larceny) for him by Saturday night.
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Larceny, tried before Gloud, J., at Fall term 1868, of the-Superior Court of Surry. On the trial the prosecutor, one Haymore, upon cross-examination, deposed to a conversation in relation to the theft with one Shelton, in which he represented the latter as saying, that he knew more of the theft than he wished to know, and that he would get witness’ money (the subject of the larceny) for him by Saturday night. Afterwards the defendants introduced Shelton to contradict this statement of the prosecutor, which he did. On cross examination by the State, Shelton was asked if he had not on the same…
1Opinion of the CourtSettle, J.
The whole case discloses that the main object of the defendant was to break down the prosecutor Haymore.
He first calls for a statement from Haymore, and then attacks him with an impeaching witness; and when it is proposed to corroborate Haymore, and impeach the impeaching witness, it is not for him to say — this is all a collateral matter, and the State is bound by the answers of my witness.
At what stage did the statement become collateral? Was it when the defendant called for it from Haymore; or when he contradicted it by Shelton ? It would rather seem that he regarded it so, for the first…
2Cited by5 opinions
- State v. HartSupreme Court of North Carolina · 1954
- Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
- Clark v. . ClarkSupreme Court of North Carolina · 1871
- Floyd v. . ThomasSupreme Court of North Carolina · 1891
- State v. . ElliottSupreme Court of North Carolina · 1873