Legal Opinion

State v. Hice

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 5 opinions

This was a CRIMINAL aotioN, tried before Poyhin, J., and a jury, at Fall Term, 1891, of Caldwell Superior Court, for the crime of fornication and adultery. There was evidence offered on the part of the State tending to prove the guilt of both the defendants. The defendants were not offered as witnesses, and did not testify in their own behalf at the trial of the cause.

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This was a CRIMINAL aotioN, tried before Poyhin, J., and a jury, at Fall Term, 1891, of Caldwell Superior Court, for the crime of fornication and adultery. There was evidence offered on the part of the State tending to prove the guilt of both the defendants. The defendants were not offered as witnesses, and did not testify in their own behalf at the trial of the cause. Upon the trial the defendants introduced James Miller as a witness, and asked the witness if he knew the general character of Hice, to which he answered, “Yes.” What is it? To this the State Solicitor objected. Objection was…

1Opinion of the Court

Clark, J.,

“In all cases-a person accused of a crime of any grade, whether a felony or a misdemeanor, has a right to offer in his defense testimony of his good character.” State v. Henry , 50 N. C., 65; State v. Johnson, 60 N. C.. 151; State v. Laxton, 75 N. C., 216; 3 Am. & Eng. Enc., 111. This right is not dependent upon the defendant having been examined as a witness in his own behalf, and was recognized long before defendants were made competent to testify. It is limited to evidence of general character and opens the door, which would be otherwise closed, to the prosecution to show the…

2Cases cited1 opinion

  1. State v. . HenrySupreme Court of North Carolina · 1857

3Cited by5 opinions

  1. Sutherland v. United StatesCourt of Appeals for the Fourth Circuit · 1937
  2. Neese v. Utah Bd. of Pardons & ParoleUtah Supreme Court · 2017
  3. State v. McCraySupreme Court of North Carolina · 1985
  4. State v. DavisSupreme Court of North Carolina · 1950
  5. State v. KaiserCourt of Appeals of Arizona · 1972

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