{
  "id": 8575287,
  "name": "STATE v. JAMES E. HOPSON, JR.",
  "name_abbreviation": "State v. Hopson",
  "decision_date": "1965-09-22",
  "docket_number": "",
  "first_page": "341",
  "last_page": "342",
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    {
      "type": "official",
      "cite": "265 N.C. 341"
    }
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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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      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
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    {
      "cite": "240 N.C. 99",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8595038
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        {
          "page": "102"
        }
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    {
      "cite": "97 S.E. 2d 840",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "246 N.C. 183",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625313
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/246/0183-01"
      ]
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  "last_updated": "2023-07-14T21:31:16.118019+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JAMES E. HOPSON, JR."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAfter conviction in the superior court, defendant moved in arrest of judgment. The court properly overruled defendant\u2019s said motion on authority of S. v. St. Clair, 246 N.C. 183, 97 S.E. 2d 840, where an undistinguishable factual situation was considered.\nDefendant did not move for judgment as of nonsuit. Nor does he now contend the State\u2019s evidence was insufficient to support the verdict.\nDefendant testified he had purchased from a Mr. Paul Allen the wood identified by the State\u2019s evidence as that owned by R. W. Huntly. Whether defendant was a credible witness and his testimony worthy of belief were crucial questions for determination.\nOn cross-examination, defendant admitted he had been in prison in Florida, but testified he was not guilty of anything, did not plead guilty and was not convicted. Immediately thereafter, according to the record, the following occurred:\n\u201cQ. How long did you stay in prison for not doing anything?\nObjection \u2014 Overruled.\n\u201cA. I don\u2019t know how to explain it, but I had a re-trial and they turned me loose.\nEXCEPTION #10.\n\u201cQ. I\u2019ll ask you if you didn\u2019t have guns and rings and watches that you\u2019d stolen up here in Buncombe County when you were arrested down there in Florida?\n\u201cMr. ReagaN: I think it\u2019s unreasonable, the man wasn\u2019t found guilty and I think it\u2019s unreasonable.\n\u201cThe Court: Well, Mr. Reagan, I think it\u2019s just as unreasonable for a man to be sent to jail or prison in Florida for nothing. And I am going to permit the witness to answer the questions that are asked of him.\nOverruled- \u2014 ExceptioN #11.\u201d\nThe question concerning \u201cguns and rings and watches\u201d was not repeated. The cross-examination proceeded to other matters. Mr. Reagan was defendant\u2019s trial counsel.\nWhile not so intended, we think it probable the jury understood the court\u2019s (quoted) comment as an expression of opinion that defendant\u2019s testimony concerning his Florida imprisonment was incredible and therefore defendant should not be considered a credible witness. So considered, the court\u2019s inadvertent comment was a violation of G.S. 1-180 and numerous decisions of this Court. \u201cA trial judge in this jurisdiction is not permitted to cast doubt upon the testimony of a witness or to impeach his credibility.\u201d S. v. Smith, 240 N.C. 99, 102, 81 S.E. 2d 263; 1 Strong, N. C. Index, Criminal Law \u00a7 94.\nFor the error indicated, defendant is entitled to a new trial.\nNew trial.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Attorney General Bruton, Assistant Attorney General Barbee and Staff Attorney Clement for the State.",
      "Riddle & Briggs for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JAMES E. HOPSON, JR.\n(Filed 22 September, 1965.)\nCriminal Haw \u00a7 94\u2014\nDefendant objected to cross-examination in regard to bis arrest in another state on other charges, asserting that since defendant was not found guilty in such other State of the charges the interrogation was unreasonable. The court stated in overruling the objection that the court thought it just as unreasonable for a man to be sent to jail in such other state for nothing. Held,: The remark of the court must be held for prejudicial error as reflecting upon the credibility of defendant.\nAppeal by defendant from Campbell, J., May 1965 Session of Buncombe.\nCriminal prosecution on warrant charging defendant with larceny of cordwood of the value of $100.00, the property of R. W. Huntly, tried de novo in the superior court after defendant\u2019s appeal from conviction and judgment in the General County Court of Buncombe County. The jury returned a verdict of \u201cGuilty of LaRceny as Chaeged in the WaeRAnt.\u201d Judgment, imposing a sentence of two years, was pronounced. Defendant excepted and appealed.\nAttorney General Bruton, Assistant Attorney General Barbee and Staff Attorney Clement for the State.\nRiddle & Briggs for defendant appellant."
  },
  "file_name": "0341-01",
  "first_page_order": 381,
  "last_page_order": 382
}