State v. Hawn

• Decision Date: 23 December 1890
• Citation: 107 N.C. 810,12 S.E. 455
• Court: North Carolina Supreme Court
• Parties: State. v. Hawn et al.

107 N.C. 810

12 S.E. 455

State.

v.Hawn et al.

Supreme Court of North Carolina.

Dec. 23, 1890.

Impeachment of Witness.

On a criminal trial a witness for the state was asked if he had not written a letter making a false charge against a young man. He answered that he had not, and the defense offered evidence that there was a general report that he had written the letter. Held, that the fact was collateral, and the answer conclusive, and, if not, it could not be contradicted by general report.

Appeal from superior court, Catawba county; Philips, Judge.

Indictment for fornication and adultery. The only exception is as to the ruling on a question of admissibility of evidence. The state introduced a witness who testified to facts tending to prove the guilt of defendants, and, on cross-examination by defendants' counsel, the witness was asked if he had not written a letter making a false charge against a young man with the view to prevent him from obtaining a position as a school-teacher, and witness answered that he had not. Afterwards, the defendants introduced a witness who testified that the general character of the first witness was not good, and then proposed to show that there was a general report that said witness had written the letter above referred to. Objection to the evidence was sustained, and defendants excepted. There was a verdict of guilty, and the defendants appealed.

J. B. Batchelor and John Devereux, Jr., for appellant.

The Attorney General, for the State.

Shepherd, J. The question put to the witness was collateral, and his answer conclusive. State v. Patterson, 74 N. C. 157. Even if the answer had not been conclusive, it could not have been contradicted by general report. There is nothing whatever in the appeal. No error.