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268 N.C. 359

150 S.E.2d 517

State v. Calloway

Supreme Court of North Carolina

Decided October 19, 1966

Supreme Court of North Carolina · decided 1966-10-19

Good law ✅— No negative treatment on recordhow we know

Decided 1966-10-19

How this case has been cited

Cited by 12 later decisions — most recently November 2014

12 state decisions

60196619701980199020002010decided

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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*360 Per Curiam.

¶1 The defendant’s pleas of not guilty cast upon the State the burden of proving guilt beyond a reasonable doubt. The State’s evidence was amply sufficient to go to the jury and to support the verdicts. The court was correct in overruling the motions to dismiss. The defendant pleaded not guilty and testified, contradicting the State’s evidence on the essential elements of all the charges. This conflict in the testimony was for jury resolution.

¶2 On cross-examination, the defendant had admitted indictment, trial, and conviction in nine cases of purse snatching. After these damaging admissions he offered to testify that in all cases he appealed, obtained new trials, and was subsequently acquitted or the charges were dropped. On the solicitor’s objection, Judge McLean excluded this testimony. The court committed prejudicial error in excluding the explanation that upon appeal all convictions were reversed and verdicts of not guilty entered or the cases dropped. For this error the defendant is entitled to a new trial on all charges.

¶3 New trials.

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