State v. Wheeler

Decided September 15, 1889

Supreme Court of North Carolina · decided 1889-09-15

Fornication and Adultery — Evidence—Examination of Witness.. Indictment for Fornication and Adultery, tried before Moore, J., at July Term, 1889, of Buncombe Criminal Court. Verdict, judgment, and appeal by defendants. It was in evidence that the same defendants had been convicted and sentenced for this same crime at July Term, 1888, of Buncombe Inferior Court.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-09-15

How this case has been cited

Cited by 4 later decisions — most recently March 1973

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Clark, J.:

¶1The evidence tending to show acts of illicit intercourse prior to the former conviction was competent as corroborative evidence, and the Court instructed the jury that it was only admitted as such. State v. Kemp, 87 N. C, 538; State v. Pippin, 88 N. C., 646; State v. Quest, 100 N. C., 413; 2 Greenleaf Ev., § 47.

¶2When the witness answered that she did not know the general character of Guthrie, she should have been stood aside. The subsequent question was rightly excluded. A party has no right to cross-examine his own witness. State v. Perkins, 66 N. C., 126; State v. Parks, 3 Ired., 296; State v. Gee, 92 N. C., 756.

¶3No other errors are assigned, and none appear upon the face of the record. The judgment is affirmed.

¶4No error.