Legal Opinion

State v. . Daniel

Supreme Court of North Carolina

Decided October 5, 1882PublishedCited by 10 opinions

INDICTMENT for assault with intent to commit rape, tried at Fall Term, 1882, of Pitt Superior Court, before MacRae, J. On the trial the state introduced the proscutrix as a witness, and rested its case; and the defendant then introduced one Forbes who testified that he was acquainted with the general .character of the prosecutrix, and that it was bad ; but on cross-examination the witness stated he had never heard anything against her reputation for truth.

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INDICTMENT for assault with intent to commit rape, tried at Fall Term, 1882, of Pitt Superior Court, before MacRae, J. On the trial the state introduced the proscutrix as a witness, and rested its case; and the defendant then introduced one Forbes who testified that he was acquainted with the general .character of the prosecutrix, and that it was bad ; but on cross-examination the witness stated he had never heard anything against her reputation for truth. The defendant’s counsel then proposed to ask the witness, “ what is her reputation for virtue?” This question was objected to on the part…

1Opinion of the CourtAshe, J.

The only question presented by the appeal, is, was it competent for the defendant to ask the witness the question — what is the reputation of the prosecutrix for virtue ?

That the moral character of the prosecutrix may be put in evidence, is too well settled to admit of a doubt, whether it is offered to impeach her testimony as a witness, or, as in this case, to show that the act in question had not been committed.

That proof of the bad moral character of a witness may be adduced for the purpose of impeaching his testimony, has been so often decided in this state,- as to have become an…

2Cited by10 opinions

  1. State v. GrundlerSupreme Court of North Carolina · 1959
  2. State v. StegmannSupreme Court of North Carolina · 1975
  3. State v. HairstonSupreme Court of North Carolina · 1897
  4. State v. . NanceSupreme Court of North Carolina · 1928
  5. State v. ConnorSupreme Court of North Carolina · 1906

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