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N.C.App.1 COURT OF APPEALS 139 State v. Wooten North Carolina Evidence, Brandis Revision, $ 43. The most generally permissible method of proving character is by evidence of the witness' reputation. A stranger who has investigated a person's reputation in the appropriate community may testify to the result of his investigation. Stansbury, supra, 5 110. The purpose of impeachment is to discount the credibility of the witness, and an accused has a right to impeach the State's witness by competent evidence of bad reputation of the witness. In addition to the right to attack the credibility of the State's witness, the character of the alleged victim in a rape prosecution may be shown by evidence of her reputation as bearing upon the question of consent. See Stansbury, supra, 5 105. The remaining assignments of error are not discussed be-cause the questions probably will not arise on a new trial. New trial. Judges PARKERa nd BALEYc oncur. STATE OF NORTH CAROLINA v. CLIFTON WOOTEN, JR. No. 733SC694 (Filed 12 December 1973) Searches and Seizures $ 3- search warrant for heroin-sufficiency of affidavit An affidavit, though inartfully drawn, was sufficient to support issuance of a search warrant for heroin where the affidavit was made upon information supplied by a reliable informer who had fur-nished accurate information to police in the past, the informant had seen several people at a named address with marijuana and heroin in their possession on the day in question, and the affidavit specifically described defendant by race, age, sex, height and weight as having the contraband on his person. APPEAL by defendant from Tillery, Judge, 14 May 1973 Session of Superior Court held in PITT County. Defendant was charged in an indictment, proper in form, with the felony of possession of heroin. The State's evidence tended to show that police officers, armed with a warrant to search the person of defendant, executed the search and found a quantity of heroin in defendant's trousers pocket.
Object Description
Title | North Carolina Court of Appeals Reports [v.020, November 28, 1973 - February 20, 1974] |
Creator | North Carolina. Court of Appeals. |
Date | 1974 |
Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
Place | North Carolina, United States |
Description | Volume 20, November 28, 1973 - February 20, 1974. Cited as 20 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
Publisher | Court of Appeals of North Carolina |
Agency-Current | North Carolina Court of Appeals, Judicial Department |
Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
Collection | North Carolina State Documents Collection. State Library of North Carolina |
Type | Text |
Language | English |
Format | Reports; Legal documents |
Digital Characteristics-A | 34.5 MB; 842 p. |
Serial Title | North Carolina Court of Appeals Reports |
Digital Collection | North Carolina Digital State Documents Collection |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_courtofappealsreports_vol_020.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
OCLC Number-Original | 1681248 |
Description
Title | Page 167 |
Full Text | N.C.App.1 COURT OF APPEALS 139 State v. Wooten North Carolina Evidence, Brandis Revision, $ 43. The most generally permissible method of proving character is by evidence of the witness' reputation. A stranger who has investigated a person's reputation in the appropriate community may testify to the result of his investigation. Stansbury, supra, 5 110. The purpose of impeachment is to discount the credibility of the witness, and an accused has a right to impeach the State's witness by competent evidence of bad reputation of the witness. In addition to the right to attack the credibility of the State's witness, the character of the alleged victim in a rape prosecution may be shown by evidence of her reputation as bearing upon the question of consent. See Stansbury, supra, 5 105. The remaining assignments of error are not discussed be-cause the questions probably will not arise on a new trial. New trial. Judges PARKERa nd BALEYc oncur. STATE OF NORTH CAROLINA v. CLIFTON WOOTEN, JR. No. 733SC694 (Filed 12 December 1973) Searches and Seizures $ 3- search warrant for heroin-sufficiency of affidavit An affidavit, though inartfully drawn, was sufficient to support issuance of a search warrant for heroin where the affidavit was made upon information supplied by a reliable informer who had fur-nished accurate information to police in the past, the informant had seen several people at a named address with marijuana and heroin in their possession on the day in question, and the affidavit specifically described defendant by race, age, sex, height and weight as having the contraband on his person. APPEAL by defendant from Tillery, Judge, 14 May 1973 Session of Superior Court held in PITT County. Defendant was charged in an indictment, proper in form, with the felony of possession of heroin. The State's evidence tended to show that police officers, armed with a warrant to search the person of defendant, executed the search and found a quantity of heroin in defendant's trousers pocket. |