{
  "id": 11271483,
  "name": "STATE v. FISHER",
  "name_abbreviation": "State v. Fisher",
  "decision_date": "1908-12-22",
  "docket_number": "",
  "first_page": "557",
  "last_page": "559",
  "citations": [
    {
      "type": "official",
      "cite": "149 N.C. 557"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "77 N. C., 473",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8683056
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/77/0473-01"
      ]
    },
    {
      "cite": "128 N. C., 599",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 244,
    "char_count": 4162,
    "ocr_confidence": 0.449,
    "pagerank": {
      "raw": 1.0071752218304149e-07,
      "percentile": 0.5409882970010993
    },
    "sha256": "b606aca0ca7bf72a47432ac3ff57d599156b9fd48ec42564d98faa5d8bb7a779",
    "simhash": "1:9c057c3cd3428474",
    "word_count": 686
  },
  "last_updated": "2023-07-14T21:20:43.519867+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. FISHER."
    ],
    "opinions": [
      {
        "text": ".IhiowK, J.\nThe prisoner assigns as error the refusal of the Court to instruct the jury that there is no evidence of murder in the first degree. It is unnecessary to consider this exception as the prisoner was convicted of the lesser offense of murder in the second degree. State v. McCourry, 128 N. C., 599.\nThe next four assignments of error relate; to the exclusion of certain evidence for the purpose of proving that the deceased was a dangerous and violent man. The questions ashed for .the purpose of eleciting such evidence were put to the State\u2019s witness, Swann, upon .cross-examination by prisoner. They were objectionable in form, and should have been ex-, eluded for that reason, but had they been unobjectionable in that respect they were then incompetent. .When these questions were asked the witness the prisoner had not testified. The only testimony that had been introduced was the testimony of the two State\u2019s eye-witnesses to the homicide; therefore the Court properly excluded the questions and answers, for the reason that the killing was not circumstantial and there was no element of self-defense, as testified to by the State\u2019s witnesses. Turpin\u2019s case, 77 N. C., 473; State v. Banner, at this term.\nAt the time such evidence was sought to be introduced by the prisoner, nothing had been offered tending to show a killing in self-defense, nor were the manner and circumstances of the killing in doubt.\nIt is doubtful, to say the least, if the prisoner\u2019s own evidence, if taken to be true, makes out a case of self-defense, but certainly, at the time he sought to prove the character- of the deceased, there was nothing in evidence upon which such defense could be predicated.\nAssignments 6, 7, 8 and 9 relate to exceptions of a similar character.\nOn cross-examination tlie solicitor asked tbe witness, W. 0. Eobinson, wlio was a character witness for the prisoner, the following question: \u201c\u2019Didn\u2019t yon state in the offer of reward for the prisoner that he was a dangerous and violent man?\u201d This question and answer were competent in this connection, inasmuch as they tend to contradict the evidence of the witness. The prisoner, by introducing witness Eobinson, a character witness, had put his character in evidence, and it was therefore proper to impeach the witness\u2019 testimony .of the prisoner\u2019s character. This could be done either by showing contradictory statements that the witness had made, or by showing the circulation of circulars sent out by the witness describing prisoner as a dangerous and violent man, and also by asking the witness concerning a letter he had written one Holmes, describing the prisoner as such.\nUpon a careful review of the record we find\nNo error.",
        "type": "majority",
        "author": ".IhiowK, J."
      }
    ],
    "attorneys": [
      "' Assistant Attorney-General Hayden Clement for the State.",
      "Defendant not represented in this court."
    ],
    "corrections": "",
    "head_matter": "STATE v. FISHER.\n(Filed 22 December, 1908).\n.1. Murder \u2014 Conviction in Second Degree \u2014 Instructions\u2014Evidence as to First Degree.\nWhen, upon trial for murder, the prisoner has been convicted of murder in the second degree, there is no reversible error in the refusal of the trial Judge to charge that there was no evidence sufficient for conviction of murder in the first degree.\n2. Murder \u2014 Evidence\u2014Character of Deceased \u2014 Self Defense.\nWhen, upon a trial for murder, tbe prisoner has not testified, and the only evidence of the manner of killing was given by eye witnesses, containing no element of self-defense, testimony of the dangerous character of the deceased should be excluded', on objection.\n3. Witnesses \u2014 Character\u2014Evidence Impeaching \u2014 Contradictory.\nIt may be shown, on cross-examination, by the State, to impeach defendant\u2019s character witness, that this witness had offered a reward' for prisoner and therein, and otherwise, had stated \u2022 and published that he was a man of dangerous character, though the.trial is for murder, without element of self-defense, and with direct evidence as to the manner of the homicide.\nActioN tried before Ferguson, J., and a jury, Fall Term, 1908, of Polk.\nThe prisoner was indicted for, and convicted of, the murder in the second degree of R. F. W. Alston, and appealed from the judgment of the Court. \u2022 '\n' Assistant Attorney-General Hayden Clement for the State.\nDefendant not represented in this court."
  },
  "file_name": "0557-01",
  "first_page_order": 591,
  "last_page_order": 593
}