State v. . Anderson
Supreme Court of North Carolina
INDICTMENT for murder, tried before Avery, J., at September Term, 1888, of the Superior Court of Wayne County. There was a verdict of guilty, and the defendant appealed.
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INDICTMENT for murder, tried before Avery, J., at September Term, 1888, of the Superior Court of Wayne County. There was a verdict of guilty, and the defendant appealed. Only two questions are presented in the record: 1. One T. J. Vinson, a witness for the defendant, who had been examined and cross-examined,- was recalled for further cross-examination, and in reply to the question, “ When the prisoner was talking to you in front of the carriage shop, did he not tell you that he had stricken Porter (the deceased) with a rock ?” testified : “ When I was talking to Anderson in front of the buggy…
1Opinion of the CourtDavis, J.
(after stating the case.) 1. Whether there was or was not error in refusing to permit the witness Vinson to testify as to -what the prisoner did say when the evidence was first offered, we are relieved of the necessity of considering or passing upon the question, in view of the fact that the witness Vinson was again recalled- and testified as to what the accused did say, and if there^ was any error, it was thus cured. In fact, the evidence, when brought out as it was, in corroboration of the prisoner, was more beneficial to him than it would have been if it had been permitted when objected to…
2Cases cited5 opinions
- State v. . FreemanSupreme Court of North Carolina · 1888
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
- Austin v. . SecrestSupreme Court of North Carolina · 1884
- State v. . KeeneSupreme Court of North Carolina · 1888
3Cited by4 opinions
- State v. . BurtonSupreme Court of North Carolina · 1916
- Rooks v. . BruceSupreme Court of North Carolina · 1938
- T. C. May Co. v. Menzies Shoe Co.Supreme Court of North Carolina · 1923
- May v. . MenziesSupreme Court of North Carolina · 1923