Barton v. . Morphes
Supreme Court of North Carolina
From Person. Trover for a slave, tried before his Honor Judge Strange. On the trial, the only question was, whether one Turner, a witness for the Plaintiff, was worthy of credit. Many witnesses were examined to impeach him, and particularly one Morton. The Plaintiff examined testimony to support Turner, and impeach Morton, who was in his turn supported by the Defendant, one of whose witnesses swore, that he, Morton, was a man of gaud reputation.
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From Person. Trover for a slave, tried before his Honor Judge Strange. On the trial, the only question was, whether one Turner, a witness for the Plaintiff, was worthy of credit. Many witnesses were examined to impeach him, and particularly one Morton. The Plaintiff examined testimony to support Turner, and impeach Morton, who was in his turn supported by the Defendant, one of whose witnesses swore, that he, Morton, was a man of gaud reputation. The witness, on his cross-examination, was asked by the Plaintiff’s Counsel, if he had not heard. Morton charged with stealing a penknife. The…
1Opinion of the Court
Henderson, Chief-Justice.
Where character is not in issue, but comes in question incidentally and collaterally, as that of a witness does, the rule is, that specific charges of criminal or corrupt acts are not to be heard to impeach it. Two reasons are given for the rule; either of which, I think, is sufficient to sustain if. The first is, the number of issuss such evidence is calculated to create, thereby consuming the time of the Court, anti abstracting the mimi from the main issue. The other is, tiiat both the party ami witness would almost, always be wholly unprepared to meet and repel the…
2Cited by13 opinions
- State v. . HollySupreme Court of North Carolina · 1911
- State v. ChapmanSupreme Court of North Carolina · 1978
- State v. . BrodieSupreme Court of North Carolina · 1925
- State v. . KingSupreme Court of North Carolina · 1944
- State v. KingSupreme Court of North Carolina · 1944
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