State v. . Cowan
Supreme Court of North Carolina
Appeal from the Superior Court of'Law of New Hair-over County, at the Spring Term, 4847, his- Honor Judge-Battle, presiding. The defendant was indicted for - high-way robbery. On the trial, a witness, named tlall,, was introduced to-prove a conversation, which he heard between Cowan- and Price, who were confined in jail for the same offence. The prisoners were in different cells', but could converse through a sink, which passed under-both cells.
Read the full summary
Appeal from the Superior Court of'Law of New Hair-over County, at the Spring Term, 4847, his- Honor Judge-Battle, presiding. The defendant was indicted for - high-way robbery. On the trial, a witness, named tlall,, was introduced to-prove a conversation, which he heard between Cowan- and Price, who were confined in jail for the same offence. The prisoners were in different cells', but could converse through a sink, which passed under-both cells. The witness was asked if he could state all the conversation which passed between the prisoners, to which he replied that he could not, that he could…
1Opinion of the CourtRuffin, C. J.
This Court is of opinion, that neither of the three first objections, taken for the prisoner on his ■trial, entitles him to a venire de novo.
That to the evidence of the witness Hall, is entirely groundless. It would seem to be sufficient, if a witness, who is called to prove what another said or deposed to ■on a former occasion, swears that he is able to state all that was said on the subject of controversy, at the time to which his testimony refers. At all events we hold it ■sufficient to admit a witness, who says, that he can state all that passed on the occasion when that conversation…
2Cited by9 opinions
- Lilly v. VirginiaSupreme Court of the United States · 1999
- State v. CopeSupreme Court of North Carolina · 1954
- State v. LynchSupreme Court of North Carolina · 1966
- Gribben v. City of FranklinIndiana Supreme Court · 1911
- State v. . BrownSupreme Court of North Carolina · 1893
4 more not listed; retrieve them via the Exa API.