State v. . Speller
Supreme Court of North Carolina
IndictmeNT for misdemeanor tried at Fall Term, 1881, of Washington Superior Court, before Bennett, J. The defendant was charged with carrying a concealed weapon contrary to the statute — Acts 1879, ch. 127. At the trial, one Cahoon was introduced as a witness by the state, and testified that he saw the defendant have a pistol at a certain place, away from his own premises. The pistol was concealed in the pocket of his pants.
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IndictmeNT for misdemeanor tried at Fall Term, 1881, of Washington Superior Court, before Bennett, J. The defendant was charged with carrying a concealed weapon contrary to the statute — Acts 1879, ch. 127. At the trial, one Cahoon was introduced as a witness by the state, and testified that he saw the defendant have a pistol at a certain place, away from his own premises. The pistol was concealed in the pocket of his pants. This was on Monday after the defendant and one Jenkins had a difficulty on Saturday, when Jenkins had attempted to cut him .with a razor. The defendant’s counsel proposed…
1Opinion of the CourtRuffin, J.
This court is of the opinion that neither one of the defendant’s exceptions should be sustained. The first, if for no other reason, because the case fails to set out the purpose of the declaration of the defendant, which he sought to make proof of, and which was excluded by the court; and we therefore cannot see its pertinency, or know that any harm came to the defendant on account of its exclusion.
It would be a vain thing to disturb a verdict and judgment because of the exclusion of testimony which ought not, and from its very nature could not, have any bearing upon the case, and to avoid…
2Cited by16 opinions
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- State v. DawsonSupreme Court of North Carolina · 1968
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