State v. . Brown
Supreme Court of North Carolina
Indictment — Larceny — Evidence — Witness. INDICTMENT for Larceny, tried at Eall Term, 1876, of Beau-KOR.T Superior Court, before Moore, J. The defendant was charged with stealing seed cotton belonging to one Ilenry R. Woodard. It appeared from .the; evidence of Woodard and one Jackson, that the day after the cotton was lost, Woodard the prosecutor traced seed cotton along a private path leading from his house to that of defendant, up to 150 yards of defendant’s house.
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Indictment — Larceny — Evidence — Witness. INDICTMENT for Larceny, tried at Eall Term, 1876, of Beau-KOR.T Superior Court, before Moore, J. The defendant was charged with stealing seed cotton belonging to one Ilenry R. Woodard. It appeared from .the; evidence of Woodard and one Jackson, that the day after the cotton was lost, Woodard the prosecutor traced seed cotton along a private path leading from his house to that of defendant, up to 150 yards of defendant’s house. That he then procured a search warrant and with an officer and several other persons, went to defendant’s house and found him…
1Opinion of the Court
ByNüm, J.
His Honor charged the jury: “ That where a -defendant puts a witness on the stand it is a declaration iipon his part that the witness is a truthful one; that when a defendant attempts to manufacture or fabricate testimony it is evidence of guilt.” He then directs the attention of the jury to the discrepancy between the testimony of the prosecutor and that of Lerena Young, a witness for the defendant, and concludes his charge thus: “ If upon consideration of the -whole case the jury are satisfied that her testimony "was false and that the defendant knew it to be false, then it was…
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