{
  "id": 8551976,
  "name": "STATE OF NORTH CAROLINA v. GEORGE LEE REDFERN",
  "name_abbreviation": "State v. Redfern",
  "decision_date": "1971-12-15",
  "docket_number": "No. 7119SC706",
  "first_page": "230",
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    "name": "North Carolina Court of Appeals"
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    {
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  "analysis": {
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    "char_count": 3153,
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  "last_updated": "2023-07-14T21:18:15.024983+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Morris and Parker concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. GEORGE LEE REDFERN"
    ],
    "opinions": [
      {
        "text": "CAMPBELL, Judge.\nThe sole question involved in this appeal is whether it was error for the trial court to allow the Solicitor to question the defendant, at some length, as to prior convictions.\nAt the trial defendant testified in his own behalf. On cross-examination the defendant testified that he had been convicted of assault, but that he did not know how many times. He was then questioned, at some length, about specific previous convictions dating to 1945.\nThe defendant contends that the State was bound by his answer that he had been convicted of assault, but he did not know how many times and that the Solicitor should not have been permitted to question defendant further concerning prior convictions.\nWhen a defendant voluntarily becomes a witness, he may be cross-examined with respect to previous convictions, but the answers are conclusive and are admissible as affecting his credibility as a witness. State v. Blackwell, 276 N.C. 714, 174 S.E. 2d 534 (1970), cert, denied, 400 U.S. 946 (1970). Whether the cross-examination goes too far or is unfair rests largely in the sound discretion of the trial judge. State v. Neal, 222 N.C. 546, 23 S.E. 2d 911 (1943). The defendant in this case admitted prior convictions, but did not recall the exact number. His contention that the Solicitor was bound by the answer and could not inquire further is without merit. Had the defendant denied any prior convictions he could not have been contradicted by independent evidence. State v. King, 224 N.C. 329, 30 S.E. 2d 230 (1944). Here, however, the defendant admitted the prior convictions. The Solicitor has the right to \u201c \u2018sift the witness\u2019 \u201d. State v. Robinson, 272 N.C. 271, 158 S.E. 2d 23 (1967). State v. King, supra.\nThe Solicitor\u2019s questions on cross-examination were proper. The trial court did not abuse its discretion in allowing the cross-examination.\nWe find\nNo error.\nJudges Morris and Parker concur.",
        "type": "majority",
        "author": "CAMPBELL, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Assistant Attorney General Parks H. Icenhour for the State.",
      "Irvin & Irvin by Howard S. Irvin for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. GEORGE LEE REDFERN\nNo. 7119SC706\n(Filed 15 December 1971)\nCriminal Law \u00a7 34\u2014 cross-examination as to previous convictions\nWhere defendant testified on cross-examination that he had previously been convicted of assault but that he did not know how many times, the trial court did not err in permitting the solicitor to question defendant about specific previous convictions dating back to 1945.\nAppeal by defendant from Gambill, Judge, April 26, 1971 Session of Cabarrus Superior Court.\nThe defendant, George Lee Redfern, was arrested on 15 January 1971 and charged with driving a vehicle while under the influence of intoxicating liquor, resisting arrest, and assaults on two deputies sheriff.\nThe charges were consolidated for trial. Defendant entered a plea of guilty to the charge of driving while under the influence of intoxicating liquor.\nPleas of not guilty were entered to the other three charges. The jury returned a verdict of guilty as charged. Judgment imposing a prison sentence was entered.\nFrom the verdict and judgment, defendant appeals.\nAttorney General Robert Morgan by Assistant Attorney General Parks H. Icenhour for the State.\nIrvin & Irvin by Howard S. Irvin for defendant appellant."
  },
  "file_name": "0230-01",
  "first_page_order": 254,
  "last_page_order": 255
}