State v. Robinson

Supreme Court of North Carolina

State v. Robinson

187 S.E.2d 20, 280 N.C. 718, 1972 N.C. LEXIS 1298

CourtSupreme Court of North Carolina

DecidedMarch 15, 1972

Docket8

StatusPublished

Cited by28 cases

This text of 187 S.E.2d 20 (State v. Robinson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Robinson, 187 S.E.2d 20, 280 N.C. 718, 1972 N.C. LEXIS 1298 (N.C. 1972).

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Opinion

Per Curiam.

Defendant’s only assignments of error are that the trial judge erred in sustaining the State’s objection to cross-examination of State’s witnesses Elizabeth Bell and Diane Peavy concerning their past relationships with defendant, and by sustaining the State’s objection to his testimony concerning his past relationship with witness Elizabeth Bell. He contends that such *720 testimony would indicate that Elizabeth Bell consented to accompany him at the time of the alleged kidnapping. Obviously, he also seeks to attack the credibility of the witnesses.

The record does not show what the State’s witnesses or defendant would have said had they been permitted to answer the questions. Therefore we cannot know whether the rulings were prejudicial. The burden is on appellant not only to show error but to show 'prejudicial error. State v. Kirby, 276 N.C. 123, 171 S.E. 2d 416; State v. Jones, 249 N.C. 134, 105 S.E. 2d 513; State v. Poolos, 241 N.C. 382, 85 S.E. 2d 342.

Defendant’s only citations of authority establish the fact that a wide latitude is allowed in cross-examination. 7 Strong’s, N. C. Index 2d, Witnesses, § 8, p. 703; State v. King, 224 N.C. 329, 30 S.E. 2d 230. It is noted that the citation from Strong also recites the well recognized rule that the latitude of cross-examination rests largely in the trial court’s discretion.

There is plenary evidence in this case to show that defendant forcibly and, against her will, took Elizabeth Bell from her home and carried her to another residence in the City of Fayetteville.

Under the circumstances of this case we cannot imagine any relationship which might have existed between defendant and the female witnesses which would have so destroyed the witnesses’ credibility or produced such a connotation of consent as would have affected the result of this trial. State v. Temple, 269 N.C. 57, 152 S.E. 2d 206; State v. Woolard, 260 N.C. 133, 132 S.E. 2d 364. Certainly, there is no relationship which would justify defendant’s alleged conduct.

We have carefully examined this entire record and we are unable to discover any prejudicial error.

No error.

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Per Curiam.

Defendant’s only assignments of error are that the trial judge erred in sustaining the State’s objection to cross-examination of State’s witnesses Elizabeth Bell and Diane Peavy concerning their past relationships with defendant, and by sustaining the State’s objection to his testimony concerning his past relationship with witness Elizabeth Bell. He contends that such *720 testimony would indicate that Elizabeth Bell consented to accompany him at the time of the alleged kidnapping. Obviously, he also seeks to attack the credibility of the witnesses.

The record does not show what the State’s witnesses or defendant would have said had they been permitted to answer the questions. Therefore we cannot know whether the rulings were prejudicial. The burden is on appellant not only to show error but to show 'prejudicial error. State v. Kirby, 276 N.C. 123, 171 S.E. 2d 416; State v. Jones, 249 N.C. 134, 105 S.E. 2d 513; State v. Poolos, 241 N.C. 382, 85 S.E. 2d 342.

Defendant’s only citations of authority establish the fact that a wide latitude is allowed in cross-examination. 7 Strong’s, N. C. Index 2d, Witnesses, § 8, p. 703; State v. King, 224 N.C. 329, 30 S.E. 2d 230. It is noted that the citation from Strong also recites the well recognized rule that the latitude of cross-examination rests largely in the trial court’s discretion.

There is plenary evidence in this case to show that defendant forcibly and, against her will, took Elizabeth Bell from her home and carried her to another residence in the City of Fayetteville.

Under the circumstances of this case we cannot imagine any relationship which might have existed between defendant and the female witnesses which would have so destroyed the witnesses’ credibility or produced such a connotation of consent as would have affected the result of this trial. State v. Temple, 269 N.C. 57, 152 S.E. 2d 206; State v. Woolard, 260 N.C. 133, 132 S.E. 2d 364. Certainly, there is no relationship which would justify defendant’s alleged conduct.

We have carefully examined this entire record and we are unable to discover any prejudicial error.

No error.

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187 S.E.2d 20, 280 N.C. 718, 1972 N.C. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-nc-1972.

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