State v. Freeman

Citations

• 43 S.C. 105
• 20 S.E. 974
• 1895 S.C. LEXIS 137

Syllabus

<p>1. Trial Justice — Report of Testimony. — As the law requires that the testimony upon which an appeal from a trial justice is heard shall be taken in writing at the trial and signed by the witness, it is improper for the trial justice, in his report of the case, to state something else as having been testified to by the defendant than what appears in the evidence as signed by this witness.</p> <p>2. Harmless Error — Contradictino Defendant. — But such additional testimony being that defendant was advertised of the purpose to contradict him in reply, the error of the trial justice was harmless, as it is unnecessary to advertise the witness, when he is himself the defendant, of the purpose to prove his declarations or admissions tending to establish his guilt.</p> <p>3. Evidence in Reply. — Under indictment for obtaining goods by means of defendant’s false representation of the balance due to him on a note, defendant testified that alleged payments made by the maker were received by him as a loan and not as credits on the note. The State could introduce evidence in reply of defendant’s admission that they were to be credited on the note.</p>