State v. . Williams
Supreme Court of North Carolina
This was an indictment for assault and battery tried before Clarice, J., at Spring Term, 1871, of Northampton Superior Court. The defendant offered as a witness one Eorrest, who having conscientious scruples as to swearing upon the Bible, was permitted to affirm as prescribed by law. There was no evidence as to the place of nativity of the witness, or the occupation in which he was engaged.
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This was an indictment for assault and battery tried before Clarice, J., at Spring Term, 1871, of Northampton Superior Court. The defendant offered as a witness one Eorrest, who having conscientious scruples as to swearing upon the Bible, was permitted to affirm as prescribed by law. There was no evidence as to the place of nativity of the witness, or the occupation in which he was engaged. In the argument of the cause, the Attorney who represented the Solicitor, attacked the credibility of said witness; commented on the manner in which he had been sworn, and said, “ Will you give a verdict…
1Opinion of the Court
Read®; J.
The question is, whether his Honor had the power to stop the Solicitor for the State, when he was, in the opinion of his Honor, abusing his privilege in his comments on a witness and his testimony.
It is a power which is usually exercised sparingly, but nevertheless, it is a power which the Court possesses; and which ought to be promptly and firmly exercised, where the abuse is gross, as was the Case here. It is especially proper to exercise the power in a criminal case, when the State is prosecuting one of its citizens, and should not allow the jury to be improperly prejudiced…
2Cases cited1 opinion
- Devries Co. v. . Phillips HaywoodSupreme Court of North Carolina · 1868
3Cited by14 opinions
- State v. MillerSupreme Court of North Carolina · 1967
- Waldron v. WaldronSupreme Court of the United States · 1895
- Newton v. StateSupreme Court of Florida · 1884
- State v. AnselmoUtah Supreme Court · 1915
- Goodman v. . SappSupreme Court of North Carolina · 1889
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