State v. Russell
| Decision Date | 18 April 1951 |
| Docket Number | No. 74,74 |
| Citation | 64 S.E.2d 579,233 N.C. 487 |
| Parties | STATE, v. RUSSELL. |
| Court | North Carolina Supreme Court |
Harry McMullan, Atty. Gen., and Ralph Moody, Asst. Atty. Gen., for the State.
I. C. Crawford and George Pennell, Asheville, for defendant.
The record discloses no challenge to the voluntariness of defendant's confession, either before or after its reception in evidence; nor was there any repudiation, disavowal, or denial of the statements contained therein, save the defendant's testimony to the effect that he 'was all upset and had been worried to death all morning'. State v. Rogers, 233 N.C. --, 64 S.E.2d 572. On the strength of the confession, the jury was fully justified in returning the verdict they did, albeit the confession seems to have been offered only in corroboration of the officer's testimony.
The defendant took a number of exceptions to the manner in which the solicitor cross-examined his witnesses and to the general conduct of the hearing. He contends that these exceptions, taken as a whole, or in their totality, if not singly, make it quite clear that the presiding judge inadvertently allowed the solicitor to take charge of the proceeding.
For example, the solicitor was allowed to ask one of defendant's witnesses on crossexamination if he did not know 'that John Dailey is the man that is financing this trial?' This was before the defendant had gone upon the witness stand and his character had not then been put in issue. State v. Fowler, 230 N.C. 470, 53 S.E.2d 853; State v. Choate, 228 N.C. 491, 46 S.E.2d 476. The answer was, 'I do not know.' Then, this question: 'Do you know this entire shooting occurred over a white liquor war here between the deceased and this Johnny Russell and John Dailey and another white man here in town? Objection. Answer: 'No, Sir, I don't know what the trouble was.' And this further question: 'What were you talking to John Dailey about here a while ago in the courtroom? Objection. 'He is a well known bootlegger here in town, isn't he?' Objection sustained.
Similar questions were asked other witnesses and in this way, the defendant contends, his character was impeached and his defense prejudiced, notwithstanding the seemingly harmless and even favorable answers to the questions. State v. Jones, 229 N.C. 276, 49 S.E.2d 463. Of course, it is possible for the court, by the manner of conducting the trial, to impeach the testimony of witnesses, or to convey an expression of opinion to the jury on the merits of the case in violation of G.S. § 1-180 as rewritten, Chap. 107,...
To continue reading
Request your trial
-
State v. Phillips, 509
...to the prejudice of the accused by argument or by insinuating questions supposed facts of which there is no evidence. State v. Russell, 233 N.C. 487, 64 S.E.2d 579; State v. Thompson, 217 N.C. 698, 9 S.E.2d 375; State v. Phifer, 197 N.C. 729, 150 S.E. 353; State v. Green, 197 N.C. 624, 150 ......
-
State v. Gibson, 651
...of one of the parties. State v. Simpson, 233 N.C. 438, 64 S.E.2d 568; State v. Carter, 233 N.C. 581, 65 S.E.2d 9; State v. Russell, 233 N.C. 487, 64 S.E.2d 579. Of course, the fact the court later afforded counsel an opportunity to examine the witness further, or to have any question read, ......
-
State v. Cruse
...The presumption is that the court charged the jury properly as to the law applicable to all phases of the evidence. State v. Russell, 233 N.C. 487, 64 S.E.2d 579. But these are matters of procedure. The proceeding authorized by the statute does not contemplate a review of errors in the tria......
- Butler v. Allen, 380