State v. Coulter, 2 N.C. 4, 1 Hayw. 4 (1791)

April 1791 · North Carolina Superior Court
2 N.C. 4, 1 Hayw. 4

HILLSBOROUGH,

APRIL TERM, 1791.

State v. Coulter.

A person entitled to a reward, offered by the General Assembly, on the conviction oí an offender, is a competent witness ag.iinst such offender.

Indictment for horse-sterling. — The General Assembly, at their last session, bud offered a reward to any person who would apprehend him, to he ¡laid upon conviction. Stokes .rpjit. hended him for sleaiing his horse j and ou\ upon trial of ibe indictment for stealing this horse. Stoke*-, was offered as a witness on the part of the State ; and though it was strongly objected that he. ought not to be received, as it depended upon Coulter’s conviction whether he should be entitled to the reward promised by the General Assembly, and that he could not be entitled to it unless Coulter should he convicted. Yet per curiam, consisting of Spencer & Macay, be is a competent witness, and must be received : and he was received and gave evidence accordingly, and upon bis evidence Coulter was convicted, and received judgment *5of death, and was executed. Vide 2 H. H. P. C. 304, 280, 281.

Note. — Vide Heward v. Shipley, 4 East’s Rep. 178.