State v. . Griffis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Johnston County, at Spring Term, 1842, Ms Honor Judge Ma-nlt? presiding. This was an indictment for an assault and battery on one' George W. Daughtry. On the trial it appeared there had been a political wrangle between Daughtry and a company assembled at a vendue in Johston county, which was continued into the twilight of the evening, until nearly dark.
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Appeal from the Superior Court of Law of Johnston County, at Spring Term, 1842, Ms Honor Judge Ma-nlt? presiding. This was an indictment for an assault and battery on one' George W. Daughtry. On the trial it appeared there had been a political wrangle between Daughtry and a company assembled at a vendue in Johston county, which was continued into the twilight of the evening, until nearly dark. At that time, while Daughtry and one of his friends were engaged in conversation apart from the assembly, some one from behind struck Daughtry three blows with a knife, two of which wounded him. As he…
1Opinion of the CourtGastost, J.
The testimony, to which the defendant has excepted, is not liable to the objection that it is “hearsay evidence.” It was not offered to establish the truth of what the defendant’s father had said, but simply to prove the fact, that he made such a declaration. If that fact became material or relevant in the enquiry before the jury, certainly testimony of the fact was proper. Now we cannot say that the fact was altogether immaterial or irrelevant. The assault upon the prosecutor followed soon after his declaration, that no honest man would avail himself of the bankrupt law, and such a…
2Cited by8 opinions
- State v. CaddellSupreme Court of North Carolina · 1975
- State v. SaulsSupreme Court of North Carolina · 1976
- State v. KirkmanSupreme Court of North Carolina · 1977
- State v. BurkeSupreme Court of North Carolina · 1995
- State v. GrierCourt of Appeals of North Carolina · 1981
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