State v. . Corpening
Supreme Court of North Carolina
Appeal from Webb, J., at August Term, 1911, of Macon. Indictment for seduction. There was verdict, “Guilty.” Judgment, and defendant excepted and appealed, assigning for error the fact appearing of record, that with other letters, complete in form and tending to establish guilt, the court, over defendant’s objection, admitted a portion .of a letter containing relevant admissions of defendant, the remaining portions of the letter having been lost or destroyed.
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Appeal from Webb, J., at August Term, 1911, of Macon. Indictment for seduction. There was verdict, “Guilty.” Judgment, and defendant excepted and appealed, assigning for error the fact appearing of record, that with other letters, complete in form and tending to establish guilt, the court, over defendant’s objection, admitted a portion .of a letter containing relevant admissions of defendant, the remaining portions of the letter having been lost or destroyed. That the plaintiff’s attorney, over defendant’s objections, was allowed to make improper user of the facts of another case in his…
1Opinion of the CourtPIoke, J.
The portion of the letter admitted in evidence contained severable and distinct declarations or admissions tending to establish guilt on the part of the defendant, and in our opinion the same were properly received in evidence.
The portion of the letter which remained afforded the best evidence of the admissions contained in it, and, apart from this, admissions of this character are not ordinarily considered to be within the best evidence rule. McIIelvey on Evidence, p. 94.
It is sometimes said that when an admission appears in a writing, the whole instrument, or so much of it as relates to the…
2Cases cited3 opinions
- Rouse v. . WhitedNew York Court of Appeals · 1862
- State v. . MaloneeSupreme Court of North Carolina · 1910
- Jones v. FortSupreme Court of Alabama · 1860
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- State v. PhillipsSupreme Court of North Carolina · 1954
- Cashwell v. Fayetteville Pepsi-Cola Bottling WorksSupreme Court of North Carolina · 1917
- Wilcox v. Glover Motors, Inc.Supreme Court of North Carolina · 1967
- Conn v. . R. R.Supreme Court of North Carolina · 1931
- Betts v. . Telegraph Co.Supreme Court of North Carolina · 1914
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