Legal Opinion

State v. . Davis

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 1 opinion

Ikdictment for an Assault with intent to commit Rape,, tried at June Term, 1877, of New Hanover Criminal Court,, before Meares, J. It was in evidence that the prosecutrix, upon going a short distance from the house in which she lived to get-some dry brush for fuel, was approached by the defendant’who asked her if she did not want him to cut some wood for her.

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Ikdictment for an Assault with intent to commit Rape,, tried at June Term, 1877, of New Hanover Criminal Court,, before Meares, J. It was in evidence that the prosecutrix, upon going a short distance from the house in which she lived to get-some dry brush for fuel, was approached by the defendant’who asked her if she did not want him to cut some wood for her. She replied that she did not, and upon her refusal to sundry other propositions made by him, he seized her- and threw her down, she screamed and cried out in a loud voice, a scuffle ensued, in which he gave her a severe blow-in the face,…

1Opinion of the CourtFaircloth, J.

A party may impeach the credibility of -his adversary’s witness, and one of the several modes of doling so is by showing that the witness at some previous time :has made statements inconsistent with his evidence on the .trial. And when two witnesses testify contradictory before ■the jury, in regard to a fact relevant to the issue, it becomes highly important for the jury to know which one is more .entitled to eredit. This information is to be obtained as 'best it can, and in various ways, as from the proof of character, cross-examination, demeanor and bearing of the witness, proof of other…

2Cases cited1 opinion

  1. State v. . BrownSupreme Court of North Carolina · 1877

3Cited by1 opinion

  1. Lord v. . BeardSupreme Court of North Carolina · 1878

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