74 N.C. 591
Supreme Court of North Carolina
Decided January 15, 1876
Supreme Court of North Carolina · decided 1876-01-15
INDICTMENT for an assault by poisoning, tried before Watts, J., and a jury, at January Term, 1876, of tbe Superior Court of Waee county. ■When the case was called for trial, the counsel for the State moved the court that the witnesses for the defendant should leave the court room, and the motion was allowed. Accordingly, the witnesses were sworn and sent out of the court room.
Decided 1876-01-15
¶1It was error to allow the State to offer evidence tending to show that the “ defendant’s house was a general resort for thieves.” The State cannot put the defendant’s character in issue.
¶22. It was also error to refuse to allow the defendant to examine a witness who was not present when the other witnesses were sworn and sent out, and who came in during the trial, but had not heard the examination of the other witnesses.
¶3There is error. This will be certified.
¶4Per Curiam. Venire de novo.