State v. . Spier
Supreme Court of North Carolina
INDICTMENT for larceny tried at Spring Term, 1881, of Greene Superior Court, before Graves, J. The defendant is charged with stealing and also with the felonious receiving a hog, the property of E. M. Albritton, and on the .trial offered himself as a witness in his own behalf. Upon the cross-examination he was asked by the solicitor if he stated before the justice of the peace at the preliminary hearing, that he did not know whether the hog was scarred or not.
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INDICTMENT for larceny tried at Spring Term, 1881, of Greene Superior Court, before Graves, J. The defendant is charged with stealing and also with the felonious receiving a hog, the property of E. M. Albritton, and on the .trial offered himself as a witness in his own behalf. Upon the cross-examination he was asked by the solicitor if he stated before the justice of the peace at the preliminary hearing, that he did not know whether the hog was scarred or not. The defendant objected to the question, but it was admitted and the witness answered, “I do not remember telling Mr. Holliday, (the…
1Opinion of the CourtSmith, C. J.
The exception to the ruling in admitting the declarations of the defendant before the examining magistrate, as evidence against him, must be sustained upon the authority of two adjudications in this court, State v. Matthews, 66 N. C., 106, and State v. Rorie, 74 N. C., 148, in construing section 23 of chapter 33 of Battle’s Revisal.
In the latter case the prisoner’s statement committed to writing by the justice was offered and received in evidence against him on his trial. Previous to its being made, the justice had informed him of the offence with which he was charged, and said to him that…
2Cases cited4 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- State v. Martha Matthews.Supreme Court of North Carolina · 1872
- State v. . GarrettSupreme Court of North Carolina · 1874
- State v. . RorieSupreme Court of North Carolina · 1876
3Cited by5 opinions
- Tuttle v. PeopleSupreme Court of Colorado · 1905
- Block v. PeopleSupreme Court of Colorado · 1951
- State v. AllisonMontana Supreme Court · 1944
- State v. . ConradSupreme Court of North Carolina · 1886
- Block v. PeopleSupreme Court of Colorado · 1951