State v. Bowen, 291.

Citation39 S.E.2d 740
Decision Date16 October 1946
Docket NumberNO. 291.,291.
CourtUnited States State Supreme Court of North Carolina
PartiesSTATE. v. BOWEN.

39 S.E.2d 740

STATE.
v.
BOWEN.

NO. 291.

Supreme Court of North Carolina.

Oct. 16, 1946.


[39 S.E.2d 740]

Appeal from Superior Court, Pitt County; Leo Carr, Judge.

H. M. Bowen was convicted of operating a motor vehicle upon the public highway while under the influence of alcoholic beverages, and he appeals.

No error.

Criminal prosecution instituted in recorder's court of Pitt County upon a warrant charging that defendant "did unlawfully and willfully operate a motor vehicle on the public highway of North Carolina while under the influence of alcoholic beverages or narcotic drugs, etc.", heard in Superior Court of Pitt County upon appeal thereto from judgment of recorder's court on verdict of guilty.

Verdict in Superior Court: Guilty.

Judgment: Pronounced.

Defendant appeals therefrom to Supreme Court, and assigns error.

Sam O. Worthington, of Greenville, for defendant-appellant.

Harry M. McMullan, Atty. Gen., and T. W. Bruton, Hughes J. Rhodes and Ralph M. Moody, Asst. Attys. Gen., for the State.

WINBORNE, Justice.

Appellant stresses for error in the main two assignments:

The first arising in this manner: A witness for the State was asked the question: "Do you know the general reputation of Bowen around in the Farmville community?" to which he replied, "Yes, sir". Whereupon, to question interposed by counsel for defendant, the witness replied that defendant does not live in Farmville. But upon further questioning by the solicitor and by the court, the witness testified that defendant goes to Farmville quite often; that he lives about six or seven miles from there; and that he comes there about two or three times a week, "I guess". Upon this the court ruled that that is a part of the community. And to the further question by the solicitor as to what is defendant's character and reputation, the witness replied: "Well, with the exception of Mr. Bowen drinking some, his character is good, but he does have the reputation of drinking." Defendant excepts to denial of his motion to strike the answer.

In this State the testimony of "a character witness is confined to the general reputation of the person whose character

[39 S.E.2d 741]

is attacked, or supported, in the community in which he lives * * * based upon what the witness has heard or learned * * * as to the general opinion or standing in the community". State v. Steen, 185 N.C. 768, 117 S.E. 793, 794, and cases cited. In the light of this rule of evidence, defendant contends that the proper foundation was not laid to...

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