State v. . Brite
Supreme Court of North Carolina
INDICTMENT for Laremy, tried before Eure, J., at Spring Term, 1875, PasquotanK Superior Court. The indictment charged the defendant with stealing two coats, the property of one S. S. Fowler, and also it contained a count charging him with receiving the coats knowing them to have been stolen.
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INDICTMENT for Laremy, tried before Eure, J., at Spring Term, 1875, PasquotanK Superior Court. The indictment charged the defendant with stealing two coats, the property of one S. S. Fowler, and also it contained a count charging him with receiving the coats knowing them to have been stolen. The State introduced S. S. Fowler as a witness, who testified that the defendant went to his house twice on the day of the alleged larceny, in company with one Culpepper who was jointly indicted with defendant. The last time they went into the store., Culpepper carried with him a small bag, and Brite made…
1Opinion of the CourtSettle, J.
The defendant’s first exception is that his Honor
allowed Culpepper, a co-defendant, to introduce witnesses to prove his (Brite’s) declarations while in jail, which tended to exonerate Culpepper.
While these declarations are not evidence, either for or against Culpepper, being, as to him, res inter alias aota / and made by one not under oath, and subject to cross examination, yet they are clearly admissible against Brite, and it makes no difference whether they were called forth by the State, or by Culpepper, without objection, or rather with the sanction of the State.
Such appears to have been…
2Cases cited1 opinion
- State v. . HendersonSupreme Court of North Carolina · 1873
3Cited by12 opinions
- Ford v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. McCoyWest Virginia Supreme Court · 1907
- Lamm v. GardnerSupreme Court of North Carolina · 1959
- State v. CobbSupreme Court of North Carolina · 1913
- State v. CollinsSupreme Court of North Carolina · 1897
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