Supreme Court of North Carolina, 1944

State v. . Hill

State v. . Hill
Supreme Court of North Carolina · Decided December 13, 1944 · EarNHIll
32 S.E.2d 268; 224 N.C. 782; 1944 N.C. LEXIS 238 (South Eastern Reporter, Second Series)

State v. . Hill

Opinion of the Court

EarNHIll, J.

The defendant admitted he testified under oath in the original hearing that he was not the person operating a taxi stopped by an officer, that he was not present, and that he did not receive a citation at that time for speeding. His testimony in this respect was material to the issue then being tried. He insists even now it is a case of mistaken identity. Hence his trial on the charge of perjury centered around the issue of identity and that issue has been resolved against him.

The charge of the court construed in the light of the admissions made by defendant is without error. Defendant’s other exceptions fail to disclose cause for disturbing the verdict. The judgment must stand.

No error.

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