State v. . Staton

Citations

• 19 S.E. 96
• 114 N.C. 813

Syllabus

<p>Indictment for Arson — Criminal Law — Evidence—Witness-Refreshing Memory from Memorandum— Evidence of Character.</p> <p>1. Where a witness is impeached, either by contradictory testimony, on cross-examination, or by attack upon his character, his declarations to a third person, made soon after the transaction, may be stated by himself and afterwards shown by such third person in way of corroboration.</p> <p>2. A witness may be compelled, at the instance of a party who is examining him, to inspect a writing which is present in court and in his own handwriting, or if' it otherwise appear that by referring ■to it he can refresh his memory concerning the transaction to which it relates.</p> <p>3. Where a writing relates to collateral matters and a defendant on trial could derive no benefit from compelling a witness for the prosecution to inspect it, the refusal of the Court to compel witness to refresh his indistinct recollection of the matter is a harmless error and not reversible.</p> <p>4. Where, in a trial of defendant for arson, the prosecuting witness testified that the defendant told him that he sold the cotton taken from the barn to W., who W'as neither a party nor witness, it was not error to refuse to allow the defendant to prove that W. was a man of good character.</p>