{
  "id": 8655023,
  "name": "STATE v. WALTER BUTLER",
  "name_abbreviation": "State v. Butler",
  "decision_date": "1919-04-15",
  "docket_number": "",
  "first_page": "585",
  "last_page": "586",
  "citations": [
    {
      "type": "official",
      "cite": "177 N.C. 585"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "170 N. C., 794",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8662920
      ],
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    {
      "cite": "121 N. C., 579",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8653623
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      "case_paths": [
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    {
      "cite": "162 N. C., 243",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11270701
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      "opinion_index": 0,
      "case_paths": [
        "/nc/162/0243-01"
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    {
      "cite": "173 N. C., 780",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11272418
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      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
    "cardinality": 323,
    "char_count": 4917,
    "ocr_confidence": 0.441,
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  "last_updated": "2023-07-14T17:15:26.203458+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. WALTER BUTLER."
    ],
    "opinions": [
      {
        "text": "Clark, 0. J.\nThe defendant introduced evidence to show his good \u2022character. The chief of police of Greensboro, Horace Foushee, witness for the State, was. asked if he knew the general character of Walter Rutler, and replied that he did. He was then asked, \u201cWhat is it?\u201d The witness replied, '\u201cIt is bad for selling whiskey.\u201d The defendant\u2019s counsel objected to the answer and moved that it b.e stricken out as incompetent, and not responsive to the question. This the court declined to do, and the defendant excepted.\nThis is the only question presented by the appeal. The witness doubtless could not answer broadly that the defendant\u2019s character was bad. He was on oath and it was competent for him to state of his own motion, as he did, \u201cIt is bad for selling whiskey.\u201d He doubtless gave the only answer that his conscience permitted. The State could not ask whether it was bad or good for a particular offense, but the witness in the interest \u2022of truth could qualify his answer as he did. The witness could not say that the defendant\u2019s character was good. Doubtless he could not say it was bad, altogether. He therefore gave the only answer that he could. In the interest of the administration of justice and in the investigation of the \"truth of the charge before the court the answer could not be stricken out. The jury were entitled to the information.\nThis is plain, practical, common sense and it has been held too often to be questioned. In S. v. Summers, 173 N. C., 780, Hoke, J., for the Court, said: \u201cObjection is also made that the court refused to strikeout the answer of certain other witnesses as to character, Dr. John R. Erwin and others, who, after saying they knew the character of defendant, qualified their further answer by saying in what respect it was bad.. It is the accepted rule that a witness may do this of his own volition,, and these exceptions also must be disallowed. Edwards v. Price, 162 N. C., 243; S. v. Hairston, 121 N. C., 579-582.\u201d In S. v. Cathey, 170 N. C., 794, the sheriff, in answer to the same question as to the general reputation of the defendant, replied, \u201cIt is bad for dealing in liquor.\u201d It was held by Allen, J., that there was no error.\nThe State did not introduce evidence of particular acts of misconduct and asked only as to the defendant\u2019s general character. It was open to-the witness, having stated that he knew the defendant\u2019s general character, to qualify and explain his answer as to what it was by saying it was bad for selling liquor.\nThe ruling of the judge is so well sustained upon reason and the-authorities that doubtless the real ground of the appeal was objection to undergoing the sentence upon the public roads for eight months. The violation of the law in selling intoxicating liquors is deliberate,, not impulsive, as is the case in regard to many offenses, and the motiv\u00e9-is the large profits accruing from the contemptuous violation of the law. The imposition of fines in such cases in practice amounts to granting' license by the courts upon payment by the culprit of a very small part-' of the illegal profits obtained. The law authorized the sentence imposed of imprisonment with leave to work upon the public roads.\nCertainly the taking back by the State of a part of the profits made-by violation of its laws can never repress the evil which is the object-of the trial and punishment. In fact it puts the State in the more than questionable attitude of sharing with the criminal the profits derived from the deliberate violation of its own laws, and it is thus in effect a partner suing for a share in the proceeds of the illegal business. The-fines imposed always give the State a very minor share in the illicit-receipts. This is not the object to be sought by the courts. Such sentences should be imposed as will prevent the repetition of the offense-by the defendant and all others offending in like manner.\nNo error.",
        "type": "majority",
        "author": "Clark, 0. J."
      }
    ],
    "attorneys": [
      "Attorney-General Manning and Assistant Attorney-General Nash for the State.",
      "W. P. Bywum and R. G. Strudwich for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. WALTER BUTLER.\n(Filed 15 April, 1919.)\nIntoxicating Liquors \u2014 Evidence\u2014Character\u2014Voluntary Answer of Witness. \u2014Sentences.\nWhere the character of the defendant, -on trial for violating the statute against the sale of spirituous liquor, is in evidence a witness, who has testified that he knows the general character of the defendant, may voluntarily and in order to speak the truth testify in answer to a proper question that the defendant\u2019s character for selling whiskey is bad. The propriety of a road sentence for the violation of our prohibition statutes, instead of the State\u2019s sharing in the illegal profit by the imposition of a fine, discussed by Clark, C. J.\nAppeal by defendant from Shrnu, J., at December Term', 1919, of GuiLPORD.\nIndictment for selling spirituous liquor. The defendant was found guilty and sentenced to eight months on the public roads, and appealed.\nAttorney-General Manning and Assistant Attorney-General Nash for the State.\nW. P. Bywum and R. G. Strudwich for defendant."
  },
  "file_name": "0585-01",
  "first_page_order": 643,
  "last_page_order": 644
}