Pitt County NcArchives Court.....Edward Williams, State V. 1873 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Connie Ardrey n/a February 12, 2012, 9:50 am Source: N C Reports Written: 1873 State v. Edward Williams On a trial for murder, a witness for the State has a right to relate to the jury the whole of a conversation which took place between the witness and the accused on the day after the alleged homicide; although in that conversation the witness, in answer to questions asked by the accused, expresses the belief, giving the reason for such belief, that the prisoner committed the homicide. Murder, tried at the Fall Term, 1872, of Pitt Superior Court, before Moore, J. The evidence introduced by the State, and excepted to by the prisoner, is fully set out in the opinion of the Court. There was a verdict of guilty. Rule for a new trial; rule discharged. Judgment of death, and appeal. Johnston & Nelson & Smith & Strong for appellant. The rule of evidence is, that a witness testifying to a conversation which took place in his or her presence, and in the presence of the accused, should be confined strictly to such matters as directly concern the prisoner; or in other words, to such facts or statements as would go to exculpate or inculpate the prisoner; and that all hearsay evidence, or opinions of witness, should be excluded as irrelevant. The witness was introduced by the State, and the irrelevant testimony called our by the State before any cross examination by prisoner's counsel. Attorney General contra. NC Supreme Court Justice Boyden, J. - This being a capital case, the Court has examined with care the record, and find that no exception can be taken on it. (See court case for judge's full findings) There is no error. This will be certified, to the end that the Court below may proceed to judgment and sentence according to law. Per Curiam Judgment affirmed Additional Comments: In the NC Supreme Court January Term 1873 File at: http://files.usgwarchives.net/nc/pitt/court/edwardwi2201gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 2.3 Kb