Citation Numbers： 63 N.C. 31
Judges： Pearson
Filed Date： 6/5/1868
Status： Precedential
Modified Date： 10/19/2024
“With a view of attacking her credibility, tbe prisoner’s counsel proposed to ask her if she bad not been delivered of a bastard child ? And if she bad not bad sexual intercourse with other men ?” Tbe Court held that tbe questions could not be asked.
There is error. We consider the point settled. State v. March, 1 Jon. 526; State v. Garrett, Bus. 357; State v. Patterson, 2 Ire. 346.
“ The prisoner was permitted to show, by various witnesses, that the said Jemima Motley bad been delivered of a bastard child, and that her character for chastity was bad.”
We do not think that this can have the effect of curing the error. The admission of an allegation in pleading is in some instances cured by verdict.' But an error committed by the Court can only be remedied by a venire de novo.
It is unnecessary to notice the other points made in the case.
This opinion will be certified, &c.
Per Curiam. Venire de novo.