TaiLexi AI U.S. Case Law

State v. Phipps

State v. L. A. Phipps.

State v. Phipps, 76 N.C. 203 (1877)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of North Carolina · State Highest Courts
Decided
January 5, 1877
Judges
FaiR
Citations
76 N.C. 203
Headnotes
In a trial for fornication and adultery, a former defendant as to whom a nolle prosequi has been entered is a competent witness against the other defendant. {Slate v. Bose, Phil. 406, cited and approved.)
Summary
Indietment — Fcrnieation and Adultery — Witness. IkdictmeNt against the defendant and Margaret Locklear for Fornication and Adultery, tried at Fall Term, 1876, of GuileoRD Superior Court, before Kerr, J. On the trial of the case, the Solicitor for the State entered a noil. pros. as to Margaret Locklear and introduced her as a witness against the defendant who objected on the ground that she was incompetent. His Honor overruled the objection, and upon her evidence the jury rendered a'verdict, of guilty. Rule for new trial. Rule discharged. Judgment. Appeal by defendant.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — FaiR

FaiR,clotii, J.

The defendant and Margaret Locklear wrere indicted for fornication and adultery.

The Solicitor entered a nolle prosequi as to Locklear and introduced her as a witness against' the defendant to prove the offence charged.

Was she a competent witness'for that purposed» the question ? She was not until the Act of 1866, Bat. Rev. eh. 43, § 14, abrogating the long settled rules of evidence, was passed which made her evidence admissible.

State v. Rose, Phil. 406.

*204 The Act of 1869-70, eh. 177, repeals the above Act in its application to criminal matters and restored the common law rule of evidence ; but a subsequent Act, 1871-2, ch. 4, repeals the latter Act, and thus restores the competency of the witness.

The policy of legislation leading to this result is a matter for the consideration of the Legislature The Court can only declare the law as it finds it.

There is no error. Let this be certified to the end that the Superior Court may proceed according .to law.

Per Curiam. Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1888: 11913: 11948: 118882026peak 1888 · 1

Relies on it most ⓘ

  1. State v. Davis50 S.E.2d 37 (N.C. 1948)
  2. Powell v. Strickland79 S.E. 872 (N.C. 1913)
  3. State v. Guest6 S.E. 253 (N.C. 1888)

Most recent

  1. State v. Davis50 S.E.2d 37 (N.C. 1948)
  2. Powell v. Strickland79 S.E. 872 (N.C. 1913)
  3. State v. Guest6 S.E. 253 (N.C. 1888)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list