{
  "id": 8650716,
  "name": "STATE v. W. K. BALLARD",
  "name_abbreviation": "State v. Ballard",
  "decision_date": "1887-02",
  "docket_number": "",
  "first_page": "443",
  "last_page": "447",
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      "type": "official",
      "cite": "97 N.C. 443"
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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": "86 N. C., 690",
      "category": "reporters:state",
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      "cite": "78 N. C., 496",
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      "cite": "93 N. C., 510",
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      "cite": "78 N. C., 496",
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        8696979
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      "cite": "93 N. C., 510",
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  "last_updated": "2023-07-14T18:54:12.215141+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. W. K. BALLARD."
    ],
    "opinions": [
      {
        "text": "Davis, J.,\n(after stating the facts). The first exception is. based upon the rejection of the testimony of the defendant\u2019s wife, to controvert the statement of the witness Carter.\nIt has been well settled in this State, since the case of the State v. Patterson, 2 Ired., 346, that while the rule has been to regard the answers of witnesses on cross-examination as conclusive in reply to collateral questions, yet the rule does not apply \u201c as to matters, which although Collateral, tend to show the temper, disposition and conduct of the witness in relation to the cause or the parties.\u201d His answers as to these matters may be contradicted. State v. Roberts, 81 N. C., 606; State v. Glisson, 93 N. C., 510; 1 Greenleaf, \u00a7449.\nIn this case, the temper, disposition and conduct of the witness ('arter were sufficiently apparent from his words and acts, and as was said by Peakson, C. J., in Clark v. Clark, 65 N. C., 661, \u201c When the cross-examination, instead of being general, descends to particulars, then the party is bound by the answer, and cannot be allowed to go into evidence aliunde, in order to contradict the witness, for it would result in an interminable series of contradictions in regard to matters collateral, and thus lead off the mind of the jury \u2022from the matter at issue.\u201d\nWe think there was no error in excluding the testimony of defendant\u2019s wife in the particular excepted to.\nThe motion in arrest of judgment was properly disallowed.\nThe Code \u00a71069, declares that \u201cif any person shall steal or feloniously take and carry, awray any maise, corn, wheat, rice or other grain, or any cotton, tobacco, potatoes, peanuts, pulse, or any fruit, vegetable or other product cultivated for food or market, growing, standing, or remaining un-gathered, in any field or ground, he shall be guilty of lar-larceny and punished accordingly.\u201d\nIt is manifest, not only from a fair and proper construction of the language of the statute, but from the course of legislation upon the subject, that the qualifying words, \u201c cultivated for food or market,\u201d apply and are limited to \u201c any fruit, vegetable, or other product,\u201d and do not apply to the several articles specifically named in the statute. At common law, growing crops were not the subject or larceny. The first statute upon the subject was in the Acts of 1811, incorporated in the Rev. Stat., chap. 34, \u00a724, and made the stealing of specific crops therein named larceny. This wras brought forward in the Rev. Code, chap. 34, \u00a721, and the qualifying words, \u201ccultivated for food or market.\u201d The taking of figs, watermelons, blackberries, or other fruits or vegetables, unless cultivated for food or market, would not be larceny, and as to such products the qualifying words of' the statute constitute a material and necessary part of the descriptions, but they are not necessary as to the articles specifically named in the statute. State v. Liles, 78 N. C., 496; State v. Bragg, 86 N. C., 690; State v. Thompson, 93 N. C., 538.\nThere is no error. Let this be certified.\nNo error. Affirmed.",
        "type": "majority",
        "author": "Davis, J.,"
      }
    ],
    "attorneys": [
      "The Attorney-General, for the State.",
      "No counsel for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. W. K. BALLARD.\nBv \u00bfden ce\u2014 Collateral Matters\u2014 Con tradicting Witness \u2014 Larceny of Growing Crops \u2014 Indictment.\n1. \"While as a general rule the answer of a witness on cross-examination to questions about collateral matters is conclusive, the rule does not apply to questions in regard to matters which, although collateral, tend to show the temper, disposition and conduct of the witness in relation to the cause or parties.\n2. \"Where the cross-examination, instead of being general, descends to particulars, the party is bound by the answer to collateral matters, even when they go to show the witnessed temper and conduct in relation to the cause or parties.\n3. An indictment for the larceny of growing crops need not allege that the crops were cultivated for food or market, unless the larceny charged was that of some fruit or vegetable cultivated for food or market, not specifically mentioned in the statute.\n<State v. Patterson, 2 Ired., 346 ; State v. Roberts, 81N. C., 606 ; State v. Glisson, 93 N. C., 510; Clark v. Clark, 65 N. C., 661; State v. Ules, 78 N. C., 496; State v. Bragg, 86 N. C., 690; State v. Thompson, 93 N. C., 538; cited and approved).\nThis was an indictment for larceny of growing crops) tried before Gilmer, Judge, at September Term, 1886, of ANSON Superior Court.\nThe indictment charged that the defendant, \u201c one peck of \u25a0corn, of the value of six pence, the property of A. B. Wheeless, then and there standing and remaining ungath--ered in a certain field of the said A. B. Wheeless, there situated, feloniously did steal, take and carry away,\u201d &c.\nRobert A. Carter, a witness for the State, testified that he had employed three members of the bar to assist the Solicitor in the trial, and that he had paid them for their services; that he had no interest in the property alleged to have been stolen by the defendant, and that, the owner of the alleged stolen property had declined to prosecute this indictment.\nHe was asked by defendant\u2019s counsel, if he had not gone to the defendant\u2019s house, about the time the indictment was found, carrying with him a double barrel shotgun, and finding that the defendant was not at home, if he had not said to the defendant\u2019s wife, that if Ballard, (meaning to include the defendant,) did not get off from the land they were then on, he would put them all in jail? In answer to this question, he said he did go to the defendant\u2019s house with the shot gun, and finding the defendant absent from his house, he left a message with the defendant\u2019s wife, which was as follows:\n\u201cTell your husband, (meaning the defendant,) he must get off the land which I claim and he now holds.\u201d He further stated that the land claimed was then in suit between the witness (Carter) and W. K. Ballard.\nThe wife of the defendant was then put upon the stand, in behalf of the defendant, and in the course of her testimony she was asked: \u201c Did R. A. Carter come to the house of your husband, with a double barrel shot gun, and finding your husband away from home, say to you: \u2018 that if the Bal-lards, meaning the defendant and his father, did not get off from the land the defendant was then on, being the land then in suit between him and the defendant, he would put them in jail?\u2019\u201d\nThe Solicitor objected to the question and the answer thereto. The objection was sustained bj^ the Court, and the defendant excepted. There was a verdict of guilty. Motion for a new trial. Motion overruled.\nThe defendant then moved in arrest of judgment, upon the ground that the indictment omitted the words \u201c cultivated for food or market,\u201d which he insisted, constituted a material part of the offence.\nThis was overruled, and judgment was pronounced, from which the defendant appealed to this Court.\nThe Attorney-General, for the State.\nNo counsel for the defendant."
  },
  "file_name": "0443-01",
  "first_page_order": 467,
  "last_page_order": 471
}