State v. . Bethel
Supreme Court of North Carolina
IndictMent for larceny and receiving stolen goods, tried before Clark, Judge, at February Term, 1886, of GuileoRD-Superior Court. The appellant and John Harris were indicted in a first count for the larceny of one peck of chestnuts, and in a second count for receiving the same knowing them to have been stolen. On the trial — the appellant alone was on trial — he was examined as a witness in his own behalf.
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IndictMent for larceny and receiving stolen goods, tried before Clark, Judge, at February Term, 1886, of GuileoRD-Superior Court. The appellant and John Harris were indicted in a first count for the larceny of one peck of chestnuts, and in a second count for receiving the same knowing them to have been stolen. On the trial — the appellant alone was on trial — he was examined as a witness in his own behalf. In the course of his examination, among other things, he said he “was at. home when Harris came (this was in the night time); he went out to the gate and Harris came iñ and left the…
1Opinion of the Court
MerrimoN, J.,
(after stating the facts)! The statute gave the defendant the right to be a witness in his own behalf, and as such he was competent to testify as to any pertinent material facts, just as any other witness might do.
The substance of the charge against him was, that he had knowingly and illicitly received the stolen chestnuts. How he got them, was a material inquiry, and he had the right to show by himself, as well as other witnesses, that he got them honestly — where, from whom, how, under what circumstances, and what was done and said at the time, and in connection with the…
2Cases cited1 opinion
- State v. . AndersonSupreme Court of North Carolina · 1885
3Cited by5 opinions
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