State v. . Johnson
Supreme Court of North Carolina
INDictment for laRoent, tried before Howard, J., at the Fall Term, 1861, of Bladen Superior Court. The defendant introduced witnesses to prove his general character. The defendant’s counsel asked them as to his general character at the time the offense was supposed to have been committed. The solicitor then asked them what his character was then (at the time of the trial). The defendant’s counsel objected to the question, but it was allowed by the Court. Defendant excepted.
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INDictment for laRoent, tried before Howard, J., at the Fall Term, 1861, of Bladen Superior Court. The defendant introduced witnesses to prove his general character. The defendant’s counsel asked them as to his general character at the time the offense was supposed to have been committed. The solicitor then asked them what his character was then (at the time of the trial). The defendant’s counsel objected to the question, but it was allowed by the Court. Defendant excepted. Yerdict for the State — Judgment and appeal by defendant.
1Opinion of the CourtBattle, J.
It is a rule of evidence that the defendant, in an indictment for a criminal offense, may offer testimony of his general character, as evidence, from which, if good, á presumption in favor of his innocence may be inferred. Formerly, it was thought that this evidence could not be of any avail, unless the case were a doubtful one; but it is now settled, that the testimony establishing a good character, must be considered by the jury in every case, they giving to it whatever weight they may consider it entitled to under the circumstances; State v. Henry, 5 Jones, 65. Whenever such testimony is…
2Cited by12 opinions
- State v. . HollySupreme Court of North Carolina · 1911
- Powers v. StateTennessee Supreme Court · 1906
- State v. ConnorSupreme Court of North Carolina · 1906
- State v. . ConnorSupreme Court of North Carolina · 1906
- Mohler v. CommonwealthSupreme Court of Virginia · 1922
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