Legal Opinion

State v. . Lawhorn

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 21 opinions

INDICTMENT for assault and battery, removed from Lenoir county, and tried at Fall Term, 1882, of Duplin Superior Court, before Mac Rae, J. The defendant is charged with an assault and battery with intent to kill, committed upon one Bryan. As made by the evidence offered for the prosecution, the case is as follows: The parties accidentally met in the streets of Kins-ton, the defendant being‘partially intoxicated.

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INDICTMENT for assault and battery, removed from Lenoir county, and tried at Fall Term, 1882, of Duplin Superior Court, before Mac Rae, J. The defendant is charged with an assault and battery with intent to kill, committed upon one Bryan. As made by the evidence offered for the prosecution, the case is as follows: The parties accidentally met in the streets of Kins-ton, the defendant being‘partially intoxicated. Upon learning who the defendant was, Bryan asked him how he had come out in his difficulty with one Cox, to which he replied by asking “ what have you got to do with it? what is Cox…

1Opinion of the CourtRuffin, J.

There is no force in any of the exceptions taken for the defendant. By availing himself of the privilege of testifying in his own behalf, afforded him by the statute, he assumed the character of a witness and became subject to every rule adopted bjr the courts for the purpose of testing the credibility of witnesses. State v. Efler, 85 N. C., 585. In this state, it is well settled that a witness may be asked on cross-examination whether he has not been convicted of offences calculated to affect his standing as a witness. State v. Patterson, 2 Ired., 346; State v. Garrett, Busb., 357.

In State…

2Cases cited3 opinions

  1. State v. . EflerSupreme Court of North Carolina · 1881
  2. State v. . DavidsonSupreme Court of North Carolina · 1872
  3. Buie v. . CarverSupreme Court of North Carolina · 1875

3Cited by21 opinions

  1. State v. WilliamsSupreme Court of North Carolina · 1971
  2. State v. . BealSupreme Court of North Carolina · 1930
  3. State v. BealSupreme Court of North Carolina · 1930
  4. State v. RobbinsSupreme Court of North Carolina · 1969
  5. State v. . SimsSupreme Court of North Carolina · 1938

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