Legal Opinion

State v. . Harvey Perkins

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 35 opinions

This was an indictment tor burglary, tried before Henry, Judge, at Fall Term 1871 of Buncombe Superior Court. The defendant’s counsel interrogated the jurors as they were called, as to their indifference, viz : as to forming and expressing an opinion. No juror was objected to on that account. The material witness for the State was the prosecutrix. The defendant introduced one Hampton, to impeach witness’ character. He swore that witness’ character was not good as to truth.

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This was an indictment tor burglary, tried before Henry, Judge, at Fall Term 1871 of Buncombe Superior Court. The defendant’s counsel interrogated the jurors as they were called, as to their indifference, viz : as to forming and expressing an opinion. No juror was objected to on that account. The material witness for the State was the prosecutrix. The defendant introduced one Hampton, to impeach witness’ character. He swore that witness’ character was not good as to truth. The solicitor, on cross-examination, asked Hampton, to name the person whom he had heard speaking disparagingly of the…

1Opinion of the CourtPeaksoN, C. J.

1. It is settled, that a witness who swears to the general bad character of another witness on the other side, may upon cross-examination, be asked to name the individuals whom he heard speak disparagingly of the witness, and what was said. This is every day practice, and the exception was. taken under a misapprehension as to the difference between an examination in chief, and a cross-examination, when the party endeavoring to sustain the witness, whose general character is attaeked, may go into particulars as to persons and what they said. This disposes of Hampton.

2. The witness Blackwell,…

2Cited by35 opinions

  1. State v. . HollySupreme Court of North Carolina · 1911
  2. State v. . GeeSupreme Court of North Carolina · 1885
  3. State v. . SmoakSupreme Court of North Carolina · 1938
  4. Williamson v. StateCourt of Criminal Appeals of Texas · 1914
  5. Baxter v. . WilsonSupreme Court of North Carolina · 1886

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