State v. . Stanton
Supreme Court of North Carolina
This was an indictment for forgery, tried at Spring Term, 1841, oí Johnston Superior Court of Law, before his Honor Judge Settle, and brought up to this Court, on appeal by the defendant, from the judgment of the Court.
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This was an indictment for forgery, tried at Spring Term, 1841, oí Johnston Superior Court of Law, before his Honor Judge Settle, and brought up to this Court, on appeal by the defendant, from the judgment of the Court. The indictment was in the following words, viz: State of North Carolina, \ Superior Court of Law, Johnston County. ) Fall Term, 2839. The jurors for the State, upon their oath present, that James Stanton, late of the County of Johnston, in the State of North Carolina, on the twenty-eighth day of May, in the year of our Lord, one thousand eight hundred and thirty, nine, with…
1Opinion of the CourtRuffin, C. J.
It has not been denied in the argument, • that at common law it was a settled rule of evidence in England, that a person, whose name had been forged,.and whose interest supposing the instrument to be genuine, was affected by it, either as an obligation or acquittance, was not, while the instrument remained in force, a competent witness to prove the forgery. Gilb. Ev. 124. Phil. Ev. 88. 2 Strange, 728. 2 East’s P. C. 993. But it was said in the argument, that the rule was originally adopted upon the notion, now admitted to be erroneous, that the witness would, by procur jng the conviction of…
2Cited by26 opinions
- State v. . HarrisonSupreme Court of North Carolina · 1907
- State v. Matthews.Supreme Court of North Carolina · 1906
- State v. . ColeSupreme Court of North Carolina · 1932
- State v. . CorrellSupreme Court of North Carolina · 1948
- State v. . JohnsonSupreme Court of North Carolina · 1942
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