State v. Buck
| Decision Date | 31 March 1926 |
| Docket Number | 7. |
| Citation | 132 S.E. 151,191 N.C. 528 |
| Parties | STATE v. BUCK. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Gates County; Calvert, Judge.
Cruso Buck was convicted of violating the prohibition statute, and he appeals. No error.
It is within the discretion of the court to permit leading questions.
Bridger & Eley, of Winton, for appellant.
Dennis G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
Assignments of error, based upon exceptions to the overruling by the court of objections to question, on the ground that same was leading, and of objections to testimony on the ground that same was in violation of the "hearsay" rule, cannot be sustained.
Whether counsel shall be permitted to ask a leading question is within the discretion of the trial judge. The exercise of such discretion will not be reviewed on appeal. Crenshaw v. Johnson, 26 S.E. 810, 120 N.C. 270; Bank v. Carr, 41 S.E. 876, 130 N.C. 481; State v. Cobb, 79 S.E. 419, 164 N.C. 419; Howell v. Solomon, 83 S.E. 609, 167 N.C. 588.
The testimony objected to was offered and admitted for the purpose of corroboration. His honor was careful to so instruct the jury. Burnett v. Railroad, 26 S.E. 819, 120 N.C. 517; Belk v. Belk, 94 S.E. 726, 175 N.C. 69. The testimony of witness that he smelled the liquor in the can, and that it had the odor of whisky was competent. State v. Sigmon, 130 S.E. 854, 190 N.C. 679.
There is no error.
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McKay v. Bullard
...on direct examination and to cross-examine his own witnesses. On the record the contention cannot be sustained. In State v. Buck, 191 N.C. 528, 132 S.E. 151, it written: "Whether counsel shall be permitted to ask a leading question is within the discretion of the trial judge. The exercise o......
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State v. Noland
... ... previously made and to prevent confusion or equivocation in ... his testimony. The trial court in the exercise of its ... discretion may under such circumstances permit a party to ... propound leading questions to his own witness. State v ... Buck, 191 N.C. 528, 132 S.E. 151; Howell v ... Solomon, 167 N.C. 588, 83 S.E. 609; State v ... Cobb, 164 N.C. 419, 79 S.E. 419 ... The ... testimony of this witness in reference to the receipt of a ... letter written him by the juror's wife corroborated her ... testimony and ... ...
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State v. Beatty
... ... counsel shall be permitted to ask leading questions. The ... exercise of such discretion, in the absence of an abuse ... thereof, will not be reviewed on appeal. State v ... Harris, 222 N.C. 157, 22 S.E.2d 229; State v ... Hargrove, 216 N.C. 570, 5 S.E.2d 852; State v ... Buck, 191 N.C. 528, 132 S.E. 151. [226 N.C. 766] No ... prejudicial error has been shown and the exception cannot be ... sustained ... The ... defendants assign as error the following portion of his ... Honor's charge: 'Take into consideration what the ... witness says and how ... ...
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State v. Coleman
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