State v. . Carson
Supreme Court of North Carolina
LymotmeNt for larceny, tried before Boykin., Judge, at August Term, 188(5, of Irkdelu Superior Court. The following is the material part of the ease stated on appeal': There was evidence tending to prove that the defendant had stolen certain tobacco, the property of one Kennedy, and had sold it to one Combs. The wife of the said Combs ivas introduced by the State as a witness, and testified: “ My husband has been buying tobacco from the defendant for about two years.
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LymotmeNt for larceny, tried before Boykin., Judge, at August Term, 188(5, of Irkdelu Superior Court. The following is the material part of the ease stated on appeal': There was evidence tending to prove that the defendant had stolen certain tobacco, the property of one Kennedy, and had sold it to one Combs. The wife of the said Combs ivas introduced by the State as a witness, and testified: “ My husband has been buying tobacco from the defendant for about two years. He bought from him last about the 11th of March, 1886. Soon thereafter, the tobacco factory of the said Kennedy was reported to…
1Opinion of the Court
Merrimon, J.,
(after stating the case). The evidence was properly received. Although the witness did not hear the entire conversation, she heard so much of it on the part of the defendant as stated a distinct and intelligible fact, embracing the substance and scope of the conversation, that was pertinent and competent as evidence going to prove the guilt of ,the defendant: She did not know what so much of the conversation as she did not hear referred to.
That this part bore on the part she heard does not appear. Tt may not, from aught that we can see, have had any con- neetion with it. What she…
2Cases cited3 opinions
- State v. . LawhornSupreme Court of North Carolina · 1883
- State v. . PrattSupreme Court of North Carolina · 1883
- Davis v. . SmithSupreme Court of North Carolina · 1876