State v. . Murray
Supreme Court of North Carolina
Eape, tried before Barnes, J., at Spring Term 1868 of the Superior Court of StaNLY. The prosecutrix, one Jemima Motley, was introduced as a witness for the State, and proved all the facts necessary in law to constitute the offence. With the view of attacking her credibility, the prisoner’s counsel proposed to ask her if she had not been delivered of a bastard child, and if she had not had sexual intercourse with other men.
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Eape, tried before Barnes, J., at Spring Term 1868 of the Superior Court of StaNLY. The prosecutrix, one Jemima Motley, was introduced as a witness for the State, and proved all the facts necessary in law to constitute the offence. With the view of attacking her credibility, the prisoner’s counsel proposed to ask her if she had not been delivered of a bastard child, and if she had not had sexual intercourse with other men. To these questions the Solicitor for the State objected, and thereupon the Court excluded them. The prisoner excepted. The prisoner was permitted to show, by various…
1Opinion of the CourtPearson, C. J.
“With a view of attacking her credibility, tbe prisoner’s counsel proposed to ask her if she bad not been delivered of a bastard child ? And if she bad not bad sexual intercourse with other men ?” Tbe Court held that tbe questions could not be asked.
There is error. We consider the point settled. State v. March, 1 Jon. 526; State v. Garrett, Bus. 357; State v. Patterson, 2 Ire. 346.
“ The prisoner was permitted to show, by various witnesses, that the said Jemima Motley bad been delivered of a bastard child, and that her character for chastity was bad.”
We do not think that this can have the…
2Cited by11 opinions
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