State v. . Trogdon

150 S.E. 881, 198 N.C. 167, 1929 N.C. LEXIS 445

• Court: Supreme Court of North Carolina
• Decided: December 30, 1929
• Status: Published

Opinion

Per Curiam.

Neither of tbe defendants offered evidence as to bis good character. Tbe State, however, offered evidence of tbe bad character of defendants.

Tbe trial judge charged tbe jury as follows: “Tbe defendants took tbe stand in their behalf, and you may consider any evidence tending to show their character to be bad as substantive evidence; tbat is tending to indicate or show tbat they committed tbe acts witb which they are charged. As to Mr. Myers and Mrs. Myers, testimony showing tbat their character is good may be considered by you as affecting their credibility. Because a person’s character is proven to be bad it should not always lead the jury to believe that person would swear falsely. The fact that a person’s character is proven to be good neither does it follow from such testimony that that person would always speak the truth; but character evidence may be taken and weighed by the jury in connection with the credibility of the witness. And in case of defendants charged with a crime, where the defendants’ character has been placed in issue, where the defendants take the stand have placed their character at issue, evidence tending to show that their character is bad is to be received by the jury, not only as relating to their credibility, but as substantive evidence, tending to show whether or not they committed the offense with which they are charged.”

The foregoing instruction was erroneous, and the defendants are entitled to a new trial. S. v. Idol, 195 N. C., 497, 142 S. E., 588; S. v. Mike Roberson, 197 N. C., 657.

New trial.