{
  "id": 8657959,
  "name": "STATE v. HENRY PEARSON",
  "name_abbreviation": "State v. Pearson",
  "decision_date": "1921-05-25",
  "docket_number": "",
  "first_page": "588",
  "last_page": "589",
  "citations": [
    {
      "type": "official",
      "cite": "181 N.C. 588"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "130 N. C., 675",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "cite": "121 N. C., 674",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "cite": "76 N. C., 216",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "87 N. C., 507",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      "case_paths": [
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    {
      "cite": "121 N. C., 582",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "174 N. C., 837",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
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    {
      "cite": "130 N. C., 675",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
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  "last_updated": "2023-07-14T18:46:48.388810+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. HENRY PEARSON."
    ],
    "opinions": [
      {
        "text": "ClaRk, 0. J.\nTodd, witness for the State, testified that on 7 November, 1920, be purchased one pint of liquor from the defendant for $6 at bis restaurant in Asheville, and that at other times since 1913 he had purchased drinks from him. He testified also that the defendant kept the liquor in a five or ten gallon can and in a coffee pot. Jarrell, another witness for the State, testified that he had purchased the liquor which was exhibited in evidence for the witness Todd, who gave him $6 which he paid for it. Shaw, another witness, testified that he was present when the liquor was handed to the witness Jarrell. Here the State rested, and the defendant moved for judgment of nonsuit, which was denied, tbe court remarking to tbe counsel tbat be would bave to charge tbe jury if tbey believed tbe evidence to find tbe defendant guilty, to wbicb tbe defendant excepted. There was no error in this statement upon tbe evidence then before tbe court. Tbe defendant then testified in bis own behalf tbat be did not sell any liquor to Todd, and tbat be never-bad any liquor for sale in a coffee pot or in a five or ten gallon can.\nThere was evidence from some of tbe defendant\u2019s witnesses tbat be was a man of good character, and others gave him not so good a character. Tbe defendant excepted because tbe court' refused to permit two of tbe defendant\u2019s witnesses to answer tbe question, \u201cDo you know defendant\u2019s character for truth and veracity?\u201d These two exceptions were abandoned, not being brought forward in defendant\u2019s brief. Rule 34 of this Court (174 N. C., 837), provides: \u201cExceptions in tbe record not set out in appellant\u2019s brief, or in support of wbicb no reason or argument is stated or authority cited, will be taken as abandoned by him.\u201d Tbe exception, however, could not bave been sustained, if insisted on, for tbe rule is well settled tbat tbe party introducing a witness as to character, \u201ccan only interrogate him as to tbe general character of such person\u201d; S. v. Hairston, 121 N. C., 582, citing S. v. Daniel, 87 N. C., 507; S. v. Laxton, 76 N. C., 216. Tbe counsel, in making these exceptions, was probably misled by what was said in S. v. Foster, 130 N. C., 675, tbat \u201cwhen tbe defendant has gone upon tbe stand in bis own behalf it is competent to prove bis general character for truth,\u201d but tbe context shows tbat this arose upon evidence for tbe State to impeach bis character as is shown by tbe citation of S. v. Traylor, 121 N. C., 674.\nException 5 was simply a statement by tbe judge of a contention by tbe State; besides, tbe defendant did not object to tbe admission of tbe evidence upon wbicb tbe contention was based.\nException 6 was because tbe court charged tbe jury: \u201cIf tbe State has satisfied you beyond a reasonable doubt tbat at tbe time named, tbe defendant in this ease delivered to tbe witness, James Todd, a pint of spirituous liquors, and tbat tbe witness paid him therefor tbe sum of $6, then tbe court charges you tbat tbe defendant is guilty of selling spiritous liquors, and it is your duty to return a verdict of guilty.\u201d\nTbe seventh exception is to tbe following charge: \u201cIf, from all tbe evidence, you are satisfied beyond a reasonable doubt tbat tbe defendant kept spiritous liquors on band for tbe purpose of sale, then it is your duty to return a verdict of guilty.\u201d\nIn these particulars we find no error. Tbe other exceptions are formal, to tbe denial of a motion for a new trial; and to tbe judgment.\nNo error.",
        "type": "majority",
        "author": "ClaRk, 0. J."
      }
    ],
    "attorneys": [
      "Attorney-General Manning and Assistant Attorney-General Nash for the State.",
      "Wright & Oraig for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. HENRY PEARSON.\n(Filed 25 May, 1921.)\n1. Appeal and Error \u2014 Brief\u2014Exceptions Abandoned \u2014 Objections and Ex- ' ceptions.\nExceptions not brought forward in appellant\u2019s brief are taken as abandoned. Rule of Supreme Court 34. (174 N. 0., 837.)\n2. Evidence \u2014 Character\u2014Truth and Veracity.\nA witness as to character can only be questioned as to the general character of the defendant in a criminal action, and not as to his character for truth, unless the defendant has gone upon the stand in his own behalf, and the State has offered evidence for the purpose of impeaching his testimony as not being the truth. 8. v. Foster, 130 N. C., 675, cited and distinguished.\n3. Appeal and Error \u2014 Instructions\u2014Contentions\u2014Criminal Law.\nException to the statement made by the judge of the contention of a party is not ordinarily reviewable on appeal, especially if appellant has not excepted to the evidence upon which it was based.\n4. Intoxicating Liquors \u2014 Spirituous Liquors \u2014 Instructions.\nWhere there is direct evidence of the unlawful sale of spirituous liquors by the defendant, or his keeping it for sale, under indictment therefor an instruction for the jury to find him guilty if they were so satisfied beyond a reasonable doubt is not erroneous.\nAppeal by defendant from McElroy, J., at -January Term, 1921, of BUNCOMBE.\nThe defendant was found guilty on two counts: first, for selling liquor, and second, for keeping liquor on band for sale, in violation of prohibition laws. Yerdict of guilty, sentence, and appeal.\nAttorney-General Manning and Assistant Attorney-General Nash for the State.\nWright & Oraig for defendant."
  },
  "file_name": "0588-01",
  "first_page_order": 640,
  "last_page_order": 641
}