Citation Numbers: 103 S.E. 374, 179 N.C. 758, 1920 N.C. LEXIS 346
Judges: Clark
Filed Date: 6/2/1920
Status: Precedential
Modified Date: 10/19/2024
There is but one assignment of error presented. The prisoner by his testimony set up self-defense. The court excluded the testimony of Dr. Dempsey, witness for the defendant, that the deceased had threatened the prisoner, saying that she was going to kill him. The court excluded this upon the ground that "there was no evidence that the threat was communicated to the prisoner, and that he knew of it."
In S. v. Blackwell,
However, the prisoner having been recalled, testified that she had threatened him, saying she was "going to kill him," and Dr. Dempsey, the same witness whose testimony had before been ruled out, was permitted to testify that "The deceased said she was going to kill him." When the testimony was ruled out, the court excluded it because "there was no evidence that the prisoner knew of it," but when the prisoner later testified, on being recalled, that the deceased made the threat, the same witness, Dr. Dempsey, was recalled, and allowed to testify in the language previously excluded, that "she said that she was going to kill him."
No error.