State v. Keys
State v. Keys
Opinion of the Court
Defendant offered his own version of the events leading to his cashing the check at Barber’s Gulf Service. He testified that he got the check from Mary Battle, his wife’s cousin. When he began to explain what she had told him in connection with the transaction, the following exchange took place.
“Q. You came out . . .
A. She [Mary Battle] was sitting in the car and she asked me . . .
Q. Sitting in whose car?
A. Sitting in my car and asked me . . .
Mr. Griffin: Objection.
COURT: Don’t tell what she said.
A. That’s the only way I can explain, your Honor.
COURT: Well you can’t tell what she said.
Exception No. 3
I got the check from her and I gave her money for it, $83.30. The check was endorsed with Leona Battle’s name on the back of it.
Q. Did you ask Mary Battle what she was doing with Leona Battle’s check?
Mr. Griffin: Objection.
COURT: Sustained.”
The court declined defendant’s request that the answers be put in the record. On cross-examination, it appeared that among other things defendant wished to testify that he understood that Mary was Leona’s niece and that she had Leona’s permission to get the check cashed.
If the jury believed defendant’s testimony, they could have found that he came by the check honestly and uttered it without knowing that it carried a forged endorsement. A similar set of circumstances was presented in State v. Bethel, 97 N.C. 459, 1 S.E. 551 (1887). In that case, Bethel was being tried for receiving stolen goods, a peck of chestnuts. The court excluded testimony from Bethel that one Harris told defendant that the chestnuts belonged to Harris and his partner Branch and that the pair wanted Bethel to sell the chestnuts for them. Justice Merrimon, for the Court, held that how defendant came by the chestnuts was a material inquiry. The Court held that defendant should have been able to relate to the jury that defendant contended Harris told him. The Court added, “It may be that the suggested conversation was feigned and the proposed evidence false; nevertheless, it was evidence to go to and be weighed by the jury.”
In the present case, the jury may not have believed defendant’s testimony. He was, however, entitled to have the jury consider it.
For the reasons stated, defendant is awarded a new trial.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.