{
  "id": 8547371,
  "name": "STATE OF NORTH CAROLINA v. SANDY DOUGLAS ROSS, JR.",
  "name_abbreviation": "State v. Ross",
  "decision_date": "1978-01-17",
  "docket_number": "No. 7726SC634",
  "first_page": "98",
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  "casebody": {
    "judges": [
      "Judges Morris and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. SANDY DOUGLAS ROSS, JR."
    ],
    "opinions": [
      {
        "text": "ARNOLD, Judge.\nError is assigned to the trial court\u2019s allowing the State to cross-examine defendant about previous convictions. It is asserted that the North Carolina law allowing the State to cross-examine a defendant concerning prior criminal convictions should be reconsidered. Our Supreme Court has refused to change the rule as it is hereinafter stated, and this Court will not reconsider the rule as stated in State v. McKenna, 289 N.C. 668, 224 S.E. 2d 537, vacated and remanded on other grounds sub nom McKenna v. North Carolina, --- U.S. --- , 50 L.Ed. 2d 278, 97 S.Ct. 301 (1976); State v. Foster, 284 N.C. 259, 200 S.E. 2d 782 (1973).\nThe rule is that where the accused testifies in his own behalf he surrenders the privilege against self-incrimination, and he is subject to impeachment by questions concerning specific criminal acts and degrading conduct. Cross-examination for impeachment purposes is not limited to criminal convictions but includes any conduct by defendant which tends to impeach his character. State v. McKenna, supra; State v. Poole, 289 N.C. 47, 220 S.E. 2d 320 (1975); State v. Williams, 279 N.C. 663, 185 S.E. 2d 174 (1971); State v. Clark, 28 N.C. App. 585, 221 S.E. 2d 841 (1976). The reasoning for the rule is that the State should be able \u201cto sift the witness and impeach, if it can, the credibility of a defendant\u2019s self-serving testimony.\u201d State v. Foster, supra at 275, 200 S.E. 2d at 794.\nDefendant further complains that even if the cross-examination concerning the commission of other crimes was proper, the trial court nevertheless erred in allowing the district attorney to cross-examine him about illegal drugs purportedly in his possession as of 3 January 1975. He contends that the district attorney was allowed to cross-examine him about drugs which were found in his home on 3 January 1975 pursuant to an illegal search.\nAccording to the record defendant was asked whether on the 3rd day of January 1975, \u201cyou did not have in your possession in your house in your room a zip-locked bag containing . . . cocaine?\u201d Defendant answered in the negative. There follow several pages of transcript wherein defendant indicated that he was not there when any contraband was found on that date; that if any were found it did not belong to him; and finally defendant concluded that he had \u201cfound out that something was found in my house. I didn\u2019t find out where it was.\u201d Defendant then went on to testify that he had been prosecuted in District Court, and that \u201cthe search was held to be unlawful.\u201d\nThe questions asked of defendant related to matters within defendant\u2019s own knowledge, and not to accusations, arrests or indictments. Cross-examination of a defendant is not limited to inquiry concerning previous convictions, but may include matters within the knowledge of defendant (State v. Poole, supra; State v. Williams, supra) and may encompass any act of defendant which tends to impeach his character. State v. McKenna, supra.\nDefendant\u2019s further contention that by permitting the cross-examination the State was allowed to profit from its unlawful act in violation of Federal and State constitutional due process is also rejected. Obviously, evidence obtained by a search and seizure which violates the Fourth Amendment will not be admissible, Mapp v. Ohio, 367 U.S. 643, 6 L.Ed. 2d 1081, 81 S.Ct. 1684 (1961). The record shows that defense counsel remained silent as to why the District Court may have disallowed the evidence, and there is no indication from the record that the district attorney\u2019s questions were asked in bad faith. There was no attempt by the State to make affirmative use of such evidence against defendant, and the State was not prohibited from cross-examining defendant about having the contraband in January 1975 in order to discredit defendant\u2019s voluntary testimony.\nDefendant\u2019s remaining contentions have been reviewed and there is found no prejudicial error which would require a new trial.\nNo error.\nJudges Morris and Hedrick concur.",
        "type": "majority",
        "author": "ARNOLD, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Jane Rankin Thompson, for the State.",
      "Paul L. Whitfield and Rodney W. Seaford for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. SANDY DOUGLAS ROSS, JR.\nNo. 7726SC634\n(Filed 17 January 1978)\n1. Criminal Law \u00a7 86.1\u2014 impeachment of defendant \u2014 scope of cross-examination\nWhere the accused testifies in his own behalf he surrenders the privilege against self-incrimination, and he is subject to impeachment by questions concerning specific criminal acts and degrading conduct; cross-examination for impeachment purposes is not limited to criminal convictions but includes any conduct by defendant which tends to impeach his character.\n2. Criminal Law \u00a7 86.5\u2014 cross-examination of defendant \u2014 contraband in home-illegal search \u2014 questions proper\nThe trial court did not err in allowing the district attorney to cross-examine defendant about drugs found in defendant\u2019s home pursuant to an allegedly illegal search, since the questions related to matters within defendant\u2019s own knowledge and not to accusations, arrests or indictments, and there was no evidence that the district attorney asked the questions in bad faith.\nAPPEAL by defendant from Friday, Judge. Judgment entered 11 March 1977, in Superior Court, MECKLENBURG County. Heard in the Court of Appeals 1 December 1977.\nThe defendant was charged with possession with intent to sell Methylenedioxy Amphetamine (MDA), a controlled substance, and with the sale and delivery of MDA on 27 February 1975. To both charges, defendant entered a plea of not guilty. The State\u2019s evidence tended to show that on the night of 27 February 1975, R. T. Guerette, an undercover police officer, went to defendant\u2019s home in Charlotte and made a previously arranged purchase from defendant of two plastic bags containing MDA.\nDefendant put on evidence by family members and employees of Carolina Fire Equipment Sales & Service, Inc., the company by which defendant was employed. His evidence tended to show that on 26 February 1975 defendant was called by his father, the president of Carolina Fire Equipment Sales & Service, Inc., to come to Southport, North Carolina to wire and hook up a burglar alarm system under a contract involving a nuclear power generation station. Defendant testified that on 27 February he checked out of the Wilmington, North Carolina motel in which he had stayed on 26 February, and that he went to the Southport job site. He worked there all day. After completing his work he drove back to Charlotte, arriving there sometime after daybreak on the 28th of February.\nThe jury found defendant guilty of possession with intent to sell MDA and of selling and delivering MDA. For possession with intent to sell MDA defendant was sentenced to not less than five nor more than seven years imprisonment. Defendant received a suspended five-year sentence for sale and delivery of MDA. He appeals from both judgments.\nAttorney General Edmisten, by Associate Attorney Jane Rankin Thompson, for the State.\nPaul L. Whitfield and Rodney W. Seaford for defendant appellant."
  },
  "file_name": "0098-01",
  "first_page_order": 126,
  "last_page_order": 129
}