Opinion · Nclaw North Carolina
STATE v. TWITTY, 9 N.C. 449 (1823)
STATE v. TWITTY. — From Lincoln., 9 N.C. 449 (N.C. 1823)
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- Nclaw North Carolina
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- Nclaw
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- 1823-01-01
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STATE v. TWITTY, 9 N.C. 449 (1823) STATE v. TWITTY. — From Lincoln.Supreme Court of North Carolina June Term, 1823. 1. When a witness is called who, in the commencement of his testimony, states himself to be an accomplice of the accused, it is regular, before the witness is attacked, to call on another witness to prove that the first had related the facts disclosed in his evidence immediately after they happened, and to state other confirmatory facts. Such evidence is to be considered as substantially given in reply. 2.
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STATEv. TWITTY,9 N.C. 449(1823)
STATE v. TWITTY. — From Lincoln.
Supreme Court of North Carolina
June Term, 1823.
2. When an indictment charges a defendant with forging a bank note, purporting to have been issued, etc.,promisingto pay, it must be understood as descriptive of a bill purporting to promise as well as purporting to have been issued.
It seems to me not to be a just construction of the case ofLuttrell v.Reynellto consider the confirmatory evidence as offered in chief; for suspicion may be thrown on the evidence of a witness, from the nature of his evidence, from the situation of the witness, or from imputations directed against him in the cross-examination, which may be not less effectual in discrediting him than direct evidence brought to impeach his testimony, and equally call upon the party introducing him for confirmatory evidence. The witness in the case cited appeared, from his own evidence, to have been equally concerned with the defendants in the trespass and was left out of the declaration in order that he might be a witness; but as he was giving testimony to discharge himself, which would be the effect of convicting the defendant, he appeared in a suspicious light, and therefore his declarations, formerly made, to the same amount with his evidence were introduced to restore him to the same degree of credit he would have had if no motive had ever existed for his departure from truth. Had he been free from suspicion, such confirmatory evidence would have been perfectly useless, and given as it was it must have been substantially in reply to thesePage 254suspicious. Though an accomplice is a competent witness, yet his unconfirmed evidence is usually received with caution and distrusted by a jury, and I cannot but regard evidence of his previous declarations as proper in reply to those circumstances of discredit which arise from the relation in which he stands to the defendant. It appeared in the very beginning of Langford's evidence that he had been an accomplice of Twitty's, and it is highly (453) probable that he would have been discredited with the jury from this cause had not Foster proved that the witness had related to him the facts disclosed in his evidence immediately after they happened, and added such circumstances as seemed to preclude all doubt of the veracity of Langford. Considering the evidence there as having been given, and properly given, in reply, I think it is authorized by law, and am certain it has been long sanctioned by the practice of this State. For this reason I am opposed to a new trial.
It is moved in arrest of judgment that the indictment is repugnant in charging the defendant with forging a bank note, purporting to have been issued by the president, directors, and company of the Bank of Cape Fear,promisingto pay, etc. In support of this objection was cited 6 Cranch, 167, where it was held that an indictment under the act of Congress, 1798, could not be maintained for forging a counterfeit paper purporting to be a bank bill of the United States, signed Thomas Willing, etc., since a forged bill purporting to be a bank bill could not be signed by the president. But in that case it appeared that the act of Congress was, in itself, repugnant, and would not support an indictment for uttering, as true, a forged paper purporting to be a bank bill of that bank,signedby the president and cashier. There is no repugnancy in the act of 1819, upon which this indictment is framed, for the offense consists in uttering as true any false, forged, or counterfeit bill or note, purporting to be a bill or note issued by the order of the president and directors of any bank or corporation within this State or any of the United States. The indictment unnecessarily goes further and states a promising to pay to John Mitchell, etc., but it is not repugnant, for if the Court reads it as others would, it must be understood as (454) descriptive of a bill purporting to promise as well as purporting to be issued by the president and directors; and as purporting imports what appears upon the face of the bill, so this, when produced, corresponds with the description. In the other exceptions taken to the form and expressions of the transcript sent up to this Court, I see nothing substantial.
The other judges concurred.
PER CURIAM. No error.Page 255Cited: S. v. Haney,19 N.C. 398;Whitaker v. Carter,26 N.C. 469;S.v. George,30 N.C. 328;March v. Harrell,46 N.C. 331;S. v. Blackburn,80 N.C. 478;Davis v. Council,92 N.C. 730;S. v. Whitfield, ib., 834;Burnett v. R. R.,120 N.C. 517.