Legal Opinion

State v. . Ballard

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 4 opinions

This was an indictment for larceny of growing crops) tried before Gilmer, Judge, at September Term, 1886, of ANSON Superior Court. The indictment charged that the defendant, “ one peck of ■corn, of the value of six pence, the property of A. B. Wheeless, then and there standing and remaining ungath--ered in a certain field of the said A. B. Wheeless, there situated, feloniously did steal, take and carry away,” &c.

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This was an indictment for larceny of growing crops) tried before Gilmer, Judge, at September Term, 1886, of ANSON Superior Court. The indictment charged that the defendant, “ one peck of ■corn, of the value of six pence, the property of A. B. Wheeless, then and there standing and remaining ungath--ered in a certain field of the said A. B. Wheeless, there situated, feloniously did steal, take and carry away,” &c. Robert A. Carter, a witness for the State, testified that he had employed three members of the bar to assist the Solicitor in the trial, and that he had paid them for their services;…

1Opinion of the Court

Davis, J.,

(after stating the facts). The first exception is. based upon the rejection of the testimony of the defendant’s wife, to controvert the statement of the witness Carter.

It has been well settled in this State, since the case of the State v. Patterson, 2 Ired., 346, that while the rule has been to regard the answers of witnesses on cross-examination as conclusive in reply to collateral questions, yet the rule does not apply “ as to matters, which although Collateral, tend to show the temper, disposition and conduct of the witness in relation to the cause or the parties.” His answers as…

2Cases cited5 opinions

  1. State v. . LilesSupreme Court of North Carolina · 1878
  2. State v. . GlissonSupreme Court of North Carolina · 1885
  3. Clark v. . ClarkSupreme Court of North Carolina · 1871
  4. State v. . RobertsSupreme Court of North Carolina · 1879
  5. State v. . BraggSupreme Court of North Carolina · 1882

3Cited by4 opinions

  1. Lowe v. . ElliottSupreme Court of North Carolina · 1890
  2. State v. HartSupreme Court of North Carolina · 1954
  3. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
  4. State v. . GoffSupreme Court of North Carolina · 1895

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