State v. Tuten.
Supreme Court of North Carolina
Iudictment against Stephen Tuten, heard by Judge George A. Jones and a jury, at May Term, 1902, of the Superior Court of Beaufort County, This is a criminal action wherein the defendant has been convicted of selling spirituous liquors by the small measure without license. Upon the trial the defendant testified as a witness in his own behalf. The State offered one John W. Warren to prove the sale. This was the only evidence offered by the State.
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Iudictment against Stephen Tuten, heard by Judge George A. Jones and a jury, at May Term, 1902, of the Superior Court of Beaufort County, This is a criminal action wherein the defendant has been convicted of selling spirituous liquors by the small measure without license. Upon the trial the defendant testified as a witness in his own behalf. The State offered one John W. Warren to prove the sale. This was the only evidence offered by the State. Upon cross-examination of the defendant, the Solicitor asked him whether he had not been charged with the murder of John O'ayton. The defendant…
1Opinion of the CourtDouglas, J.
(after stating the facts). The above is the only exception appearing in the record. In our view of the law, it must be sustained upon the principle laid down by this Court in Perry v. Railroad, 128 N. C., 471. In this case, as in that, the Solicitor stated a fact which there was no evidence tending to prove, and which in its very nature would tend to prejudice the defendant. It is true the Solicitor disclaimed any intention of charging the defendant with the murder of Gayton, but he immediately repeated the injurious assertion that “Cayton’s murder was caused by this moonshine business, and…
2Cases cited1 opinion
- Perry v. Western North Carolina RailroadSupreme Court of North Carolina · 1901
3Cited by10 opinions
- State v. PhillipsSupreme Court of North Carolina · 1954
- State v. ScottSupreme Court of North Carolina · 1985
- State v. . TysonSupreme Court of North Carolina · 1903
- State v. DeCastroSupreme Court of North Carolina · 1996
- State v. TysonSupreme Court of North Carolina · 1903
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