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[DOWNLOAD] "State V. Davis" by Supreme Court of North Carolina ~ eBook PDF Kindle ePub Free

State V. Davis

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eBook details

  • Title: State V. Davis
  • Author : Supreme Court of North Carolina
  • Release Date : January 03, 1948
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

The defendant noted numerous exceptions to the rulings of the trial court, but the principal attack made on the validity of the verdict and judgment below was on the ground that Lola Mae Reeves and Miss Wooten were rendered incompetent to testify against the defendant by the proviso in the statute defining the criminal offense of fornication and adultery that  "the admissions or confessions of one shall not be received in evidence against the other." G.S. 14-184. However, we think this statutory prohibition relates to extra-judicial declarations and does not have the effect of preventing one jointly charged with this offense, who is no longer on trial, from testifying as a witness in the trial of the other to facts, otherwise competent, which are within her personal knowledge. Though indicted with defendant Davis, at the time Lola Mae Reeves testified as a witness her plea of nolo contendere had been accepted by the State and she was not on trial. She was not making a confession or an admission but testifying as a witness in support of the State's charge against the defendant Davis.


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