State v. . Wright
Supreme Court of North Carolina
This was an Indictment for an Assault with intent to commit Rape, tried at Spring Term, 1876, of Chowan Superior Court, before his Honor Judge Eure and a jury. The material question arising on the trial in the Superior Court, and the only point decided in this Court, was as to the exclusion of certain evidence.
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This was an Indictment for an Assault with intent to commit Rape, tried at Spring Term, 1876, of Chowan Superior Court, before his Honor Judge Eure and a jury. The material question arising on the trial in the Superior Court, and the only point decided in this Court, was as to the exclusion of certain evidence. The defendant introduced one Robinson, an acting Justice of the Peace in said county at the time the offence was alleged to have been committed, and proved that the prose-cutrix, Penny Taylor, made application to him for a warrant against the defendant, for the crime for the commission…
1Opinion of the CourtBynum, J.
The prosecutrix had been' examined as a witness in behalf of the State. It was competent for the defendant to impeach her credit in three ways: First, by disproving the facts stated by her, by the testimony of other witnesses. Second, by evidence of her general character affecting her credit. Third, bj1 proof that she had made statements out of Court contrary to what she had testified at the trial. It wTas for the latter purpose that Robinson was introduced by the defendant. But before he could be examined to impeach another witness by proving inconsistent statements made by her, the…
2Cases cited1 opinion
- Conrad v. GriffeySupreme Court of the United States · 1854
3Cited by4 opinions
- State v. . BrabhamSupreme Court of North Carolina · 1891
- State v. . WellmonSupreme Court of North Carolina · 1942
- State v. . WilliamsSupreme Court of North Carolina · 1884
- State v. . HooperSupreme Court of North Carolina · 1909