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State v. Turpin

Supreme Court of North Carolina
Jun 1, 1932
164 S.E. 926 (N.C. 1932)

Summary

In State v. Turpin, 203 N.C. 11, 164 S.E. 926, a character witness for defendant testified that the reputation of her filling station "has been liquor.

Summary of this case from State v. Tessnear

Opinion

(Filed 15 June, 1932.)

Criminal Law G e — Evidence of reputation of defendant's garage for selling liquor held incompetent as hearsay evidence.

In a prosecution for violation of the prohibition laws evidence that the defendant's garage had the reputation of selling liquor is incompetent as hearsay evidence.

APPEAL by defendant, Mrs. John Turpin, from Harding, J., at July-August Term, 1931, of SWAIN.

Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.

I. C. Crawford and Edwards Leatherwood for defendant.


Criminal prosecution tried upon indictment charging the defendant, and another, with violations of the prohibition laws.

Lee Birchfield, a character witness for Mrs. Turpin, was asked on cross-examination the following question:

"Q. What is the reputation of the defendant's home in regard to selling liquor? (Objection; overruled; exception.) A. That is the reputation of that filling station, it has been liquor. I don't know I could buy whiskey there for sure, but I have got some reports on the filling station."

From an adverse verdict and judgment of six months in jail, the defendant appeals, assigning errors.


The evidence respecting the reputation of defendant's garage for selling liquor was hearsay and should have been excluded. S. v. Springs, 184 N.C. 768, 114 S.E. 851; S. v. Mills, 184 N.C. 694, 114 S.E. 314. The identical question was before the Court in the two cases just cited. Further discussion would only call for a repetition of what was said in these cases.

New trial.


Summaries of

State v. Turpin

Supreme Court of North Carolina
Jun 1, 1932
164 S.E. 926 (N.C. 1932)

In State v. Turpin, 203 N.C. 11, 164 S.E. 926, a character witness for defendant testified that the reputation of her filling station "has been liquor.

Summary of this case from State v. Tessnear
Case details for

State v. Turpin

Case Details

Full title:STATE v. MRS. JOHN TURPIN AND FRANK SHERRILL

Court:Supreme Court of North Carolina

Date published: Jun 1, 1932

Citations

164 S.E. 926 (N.C. 1932)
164 S.E. 926

Citing Cases

State v. Weldon

Id. at 322, 144 S.E.2d at 46. The same rule is articulated in a number of our cases involving violations of…

State v. Tessnear

It specifically disapproved State v. McNeill, 182 N.C. 855, 109 S.E. 84, in which such evidence had been…