State v. Rogers
Supreme Court of North Carolina
INDICTMENT for burning a mill, tried before Oilmen', Judge, and a jury, at Fall Term, 1885, of the Superior Court of CHAT-HAM county. On the cross-examination of one C. G. Howard, a material witness for the State, he was asked, in order to impeach him, if on one occasion, one Wiley Ellis’ pocket book was not found in his boot leg. The witness answered that it was, and on being asked how it came there, said, “ ask Mr. Ellis,” and refused to answer further.
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INDICTMENT for burning a mill, tried before Oilmen', Judge, and a jury, at Fall Term, 1885, of the Superior Court of CHAT-HAM county. On the cross-examination of one C. G. Howard, a material witness for the State, he was asked, in order to impeach him, if on one occasion, one Wiley Ellis’ pocket book was not found in his boot leg. The witness answered that it was, and on being asked how it came there, said, “ ask Mr. Ellis,” and refused to answer further. In the closing argument for the State, counsel asked, why did not the defendant produce Wiley Ellis, and show that the witness had stolen…
1Opinion of the CourtMeebimoN, J.
The witness for the State sought to be impeached by the cross-examination, might have declined to answer the questions asked in respect to the pocket-book, because they tended to expose him to a criminal prosecution. He, however, chose to answer them, and his admissions tended very strongly to prove that he had stolen the pocket-book, as implied by the questions put to him, and the prisoner got the benefit of that discrediting fact.
The question suggested to the jury, arguendo, by the counsel for the State in the course of his argument, of which complaint is made, was not strictly a proper…
2Cases cited2 opinions
- State v. . SuggsSupreme Court of North Carolina · 1883
- State v. . DavisSupreme Court of North Carolina · 1885
3Cited by6 opinions
- Goodman v. . SappSupreme Court of North Carolina · 1889
- State v. . MasseySupreme Court of North Carolina · 1889
- State v. . MaySupreme Court of North Carolina · 1896
- Maney v. GreenwoodSupreme Court of North Carolina · 1921
- Maney v. . GreenwoodSupreme Court of North Carolina · 1921
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