# State v. Pope

> Court of Appeals of North Carolina · February 19, 1975 · 24 N.C. App. 644

URL: https://www.frixlaw.com/law-library/cases/6732272

## Case

- **Full name:** STATE OF NORTH CAROLINA v. ELVIN CLAUDE POPE
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 19, 1975
- **Citations:** 24 N.C. App. 644; 211 S.E.2d 841; 1975 N.C. App. LEXIS 2459
- **Precedential status:** Published
- **Opinion:** Dissent by Clark
- **Judges:** Britt, Brock, Clark
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6732272

## Opinion text

Judge Clark
dissenting:
Other than his name, his office, and his time spent in law enforcement work, the testimony of Sheriff Wimberly related *649 to the impeachment of defendant’s son. Under the circumstances, I think that the “en masse” motion to strike was adequate without request for limitation and restriction. However, the majority makes such a convincing argument for judicial modification of the judicially created rule prohibiting a party from impeaching his own witness that I favor the modification of the criminal rule to conform to the rule in civil cases, G.S. 1A-1, Rule 43(b), and I would prefer to apply the rule as so modified to this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6732272. Public record. Not legal advice.