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232 N.C. 727

62 S.E.2d 50

State v. Armstrong

Supreme Court of North Carolina

Decided November 29, 1950

Supreme Court of North Carolina · decided 1950-11-29

Key passage — most relied on by later courts

““ * * * It is always open to a defendant to challenge the credibility of the witnesses offered by the prosecution who testify against him. * * *. “What could be more effective for the purpose than to impeach the mentality or the intellectual grasp of the witness? If his interest, bias, indelicate way of life, insobriety and general bad reputation in the community may be shown as bearing upon his unworthiness of belief, why not his imbecility, want of understanding, or moronic comprehension, which go more directly to the point? * * * ft”

quoted by 2 later decisions, including State v. Gonzales, Mosley v. Commonwealth

Relies on State v. Beal · State v. . Ham · State v. . Rollins

Good law ✅— No negative treatment on recordhow we know

Decided 1950-11-29

How this case has been cited

Cited by 45 later decisions — most recently April 2012 · most notably State v. Finch (1977), State v. Looney (1978)

3 federal appellate · 42 state decisions

1001950196019701980199020002010decided

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.

View the full empirical analysis of this case →

Stacy, C. J.

¶1 The denial of any impeachment of the State’s only eye-witness to the fatal assault necessitates another hearing. It is always open to a defendant to challenge the credibility of the witnesses offered by the prosecution who testify against him. S. v. Beal, 199 N.C. 278, 154 S.E. 604.

¶2 What could be more effective for the purpose than to impeach the mentality or the intellectual grasp of the witness ? If his interest, bias, indelicate way of life, insobriety and general bad reputation in the community may be shown as bearing upon his unworthiness of belief, why not his imbecility, want of understanding, or moronic compre- *729 tension, which go more directly to the point? S. v. Ham, 224 N.C. 128, 29 S.E. 2d 449; S. v. Witherspoon, 210 N.C. 647, 188 S.E. 111; S. v. Vernon, 208 N.C. 340, 180 S.E. 590; S. v. Rollins, 113 N.C. 722, 18 S.E. 394; Isler v. Dewey, 75 N.C. 466; S. v. Ketchey, 70 N.C. 621; Bailey v. Poole, 35 N.C. 404; Stansbury’s N. C. Evidence, sec. 127, p. 245, note 66. That which may be shown indirectly may also be shown directly. The law favors directness over indirectness; simplicity over complexity; brevity over prolixity; clarity over obscurity; substance over form. There is no virtue in the long phrase when a short one will do just as well. The courtroom is not the home of redundancy or circumlocution. Conciseness is the keynote there.

¶3 When a witness goes upon the stand he subjects himself to cross-examination which may take the form of self-depreciation or the depreciation of other witnesses. S. v. Beal, supra, and cases there cited. Here, there was no suggestion of any claim of professional privilege or immunity in respect of Dr. Williston’s proposed testimony; and none could be made in respect of the proposed testimony of the witness Robert Burrus. It follows that error was committed in excluding the proposed evidence.

¶4 New trial.

Johnson, J., took no part in the consideration or decision of this case.
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