Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1939-02-18
Would Admit
Evidence On
Characters
Daily Dispatch Bureau,
In the Sir Walter Hotel

Raleigh, Feb. l8.-The attorney
general of North Carolina has asked
the General Assembly to adopt for
Tar Heel court procedure the an
cient adage Give a dog bad name
then hang it,"
AT least that is regarded by MANY
rs the true effect of a bill introduced
in the House Friday by Represen-
tative George Uzzell of Rowan at the
direct and specific request of Attor-
ney General Harry MCMILLAN.
OF all the measures introduced al
this session OF the General Assembly
II probably proposes the most drastic
change in long existing, FIRMLY
established principle of law-that
the character of a defendant cannot
be attacked by the State unless he
has first put it in issue himself either
by going upon the stand in his own
behalf or by himself introducing evil
dence of his good character,
The McMullan-inspi bill would
change all this and allow the State
to introduce evidence of the defen-
dant'S bad character in trials for "any
crime involving moral turpitude."
1t has the solid backing of the So
licitors of the State and probably
of most of the judges. These Off
Gals, especially the solicitors, are. of
course, interested in convicting de-
PENDANTS and they naturally favor
anything which will make that
easier.
The effect of the bill would be to
open up criminal cases to almost
every conceivable form of attack on
the defendants character If he were
on trial for murder, it would be pos
sibe to introduce evidence that his
reputation is bad because he gam
bles. If he were being tried for arson,
his character could be attacked be-
cause he has quarrelled with his
neghbOrs about their chickens get
ting in his garden-plenty of neigh
bors would be ready to give a man
bad character for thai.
In discussing the measure, Repre-
sentative Uzzell expressed the opin-
ion that there is no limitation pro-
posed upon the type of dad char
acter' which may be introduced a.
gainst a defendant. There is nothing
in its terms which would limit it to
the type of crime with which the ac-
cuSed stands charged, as, for exam
pie, providing that where a defen-
dant is on trial for alleged bootleg
gng his reputation as handler of
illicit liquor may be shown and
nothing else.
Mr.. Uzzell also made it clear he
does not plan to make fight for the
bill in his committee, Judiciary No.
2, to which i "'as referred. He said
he would simply lay it before the
committee members without any
statement of opinion, and let them
decide what to do with it.
The bill specifically lists numerous
offenses as Involving moral tur-
pitude", but expressly provides that
the list is not all-embracing nor
meant to exclude other offenses-a
clause which would leave it entirely
in the discretion of the presiding
Judge at any trial to rule whether or
not an offense charged involves
moral turpitude".
Thus one judge might rule that
parking overtime involves moral
turpitude", though, of course, a vast
majority would not.
Among the offenses specified as of
moral tl1rpitude are arson, burglary,
bribery, commercialized vice, for
gerry, fraud, distributing obscene lit
erature.
A large number of House mem
bers are lawyers who are much more
likely to appear for defendants than
for the State, and in view of this
fact, the measure is likely to get very
close scrutiny before it is passed.