State v. Wallace

• Decision Date: 08 July 1895
• Parties: STATE. v. WALLACE.
• Court: South Carolina Supreme Court

22 S.E. 411

44 S.C. 357

STATE.

v.WALLACE.

Supreme Court of South Carolina.

July 8, 1895.

Larceny —Evidence —Appeal —Review —Impeachment of Witness.

1. On a trial for larceny, when the property stolen was found in the possession of a wit ness for the state, it was error not to allow defendant in cross-examination to show that the witness was also in possession of similar stolen property.

2. An exception which only raises an abstract legal proposition will not be considered on appeal.

3. On a criminal trial it is error to rule that the only way to discredit a witness for the state is to put witnesses on the stand to prove that he is not worthy of belief.

4. Exceptions to disconnected portions of a charge will, on appeal, be considered in connection with the whole charge.

5. Exceptions to a charge regarding good character will not be considered on appeal, when there was no evidence as to good character.

Appeal from general sessions circuit court of Spartanburg county; Adrich, Judge.

John Wallace was convicted of grand larceny, and appeals. Reversed.

Nicholls & Jones, for appellant.

O. L. Schumpert, for the State.

GARY, J. The defendant was indicted of grand larceny at the January, 1895, term of the court of general sessions for Spartanburg county. The stolen property consisted of a buggy, harness, and lap robe, the property of R. D. Blowers, which was alleged to have been stolen in September, 1893. In November, 1894, the stolen property was found in the possession of one Hasting Gist, the brother-in-law of Wallace. Gist said, at first, that it belonged to his mother, Lizzie Gist; afterwards he said it belonged to John Wallace. Lizzie Gist at first claimed the property, but afterwards said it belonged to Wallace. In his examination, Hasting Gist said that his mother had another buggy. On cross-examination, defendant's counsel asked: "Q. Where did your mother get that second buggy you say she had? A. She got it from Chris Gossett. Q. Isn't that the buggy that Mr Blowers arrested Chris Gossett about, or com promised with him? A. Do which? Q. Isn't that the buggy that Mr. Blowers arrested Chris Gossett for? The Solicitor: That is incompetent Mr Nicholls: We wish to show that this man Chris Gossett was in Mr. Blowers' employment, and in the business of stealing buggies. The Solicitor: With John Wallace? We will admit that. By the Court: You may examine him about this particular buggy Wallace is charged with stealing now, not some other buggy. If you can make him particeps criminis— Mr. Nicholls: This man is the man that was found with the stolen goods, and he is trying to shift it off on somebody else. That is our view of it, and we think we can make him admit, himself, probably, that they got another buggy from Mr. Blowers through this same person. The Solicitor: Grant that he did, —grant that he got another buggy, and another, and another; that has nothing to do with the case. We are trying him for stealing a particular buggy. Mr. Nicholls: I think it would tend to discredit this witness to show that he had been buying buggies at another time. By the Court: If that is your purpose, the properway is to put witnesses on the stand to prove that he is not worthy of belief. Mr. Nicholls: Does your honor rule that we cannot ask him any question, while he would not be bound to answer, the answer to which would tend to discredit him? By the Court: If a question is asked which is irrelevant and objected to, of course I will have to hold that it is irrelevant, because, even if he were to refuse to answer an irrelevant question, or answer an Irrelevant question falsely, you could not predicate a charge of perjury upon it. A conviction of perjury would have to be upon some question material to the case. If it is immaterial, you could not convict him. Mr. Nicholls: I would like to ask him if he did not get this second buggy. By the Court: You may ask him. I suppose the solicitor will object. Q. Didn't you get this last buggy from Chris Gossett? The...