State v. Arnold

199 S.E.2d 423, 284 N.C. 41, 1973 N.C. LEXIS 774
CourtSupreme Court of North Carolina
DecidedOctober 10, 1973
Docket9
StatusPublished
Cited by86 cases

This text of 199 S.E.2d 423 (State v. Arnold) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Arnold, 199 S.E.2d 423, 284 N.C. 41, 1973 N.C. LEXIS 774 (N.C. 1973).

Opinions

BRANCH, Justice.

Defendant first contends that the trial judge committed reversible error by expressing an opinion prejudicial to defendant in the presence of the jury.

During the cross-examination of Sally Campbell, defendant’s counsel introduced several photographs into evidence. At that time the following exchange occurred:

“Court: All right, gentlemen. Mr. Levine, have you got any more Exhibits you intend to introduce during this trial, any statements, documents, anything of that nature?
Mr. Levine: Yes, sir. There may be one or two more things.
Court: All right. Mr. Pierce, do you have any documents or physical evidence you plan to introduce?
Mr. Pierce: No, sir, your honor.
Court : All right, I want you both to get together. Show each other everything you want to introduce so we don’t have the jury sitting here waiting while you all go over the stuff you should have done beforehand. Let’s get on with this.”

It is well established that every person charged with a crime has a right to trial before an impartial judge and an unprejudiced jury. G.S. 1-180. State v. McBryde, 270 N.C. 776, 155 S.E. 2d 266; State v. Belk, 268 N.C. 320, 150 S.E. 2d 481. And any intimation or expressed opinion by the judge at any time during the trial which prejudices the jury against the accused is ground for a new trial. State v. Frazier, 278 N.C. 458, 180 S.E. 2d 128; State v. Douglas, 268 N.C. 267, 150 S.E. 2d 412. However, whether the accused was deprived of- a fair trial by the trial judge’s remarks must be determined by the [47]*47probable effect upon the jury in light of all attendant circumstances, the burden of showing prejudice being upon the appellant. State v. Faust, 254 N.C. 101, 118 S.E. 2d 769; State v. Gibson, 233 N.C. 691, 65 S.E. 2d 508. The judge conducting a jury trial is the governor of the trial for the purpose of assuring its proper conduct and it is his right and duty, inter alia, to control the course of the trial to the end that the court’s time be conserved and the witnesses be protected from over-prolonged examination. State v. Frazier, supra; State v. Mansell, 192 N.C. 20, 133 S.E. 190.

Here the judge’s remarks were clearly addressed to both the Solicitor for the State and defendant’s counsel for the purposes of insuring an orderly trial and conserving the court’s time. ,

There is no merit in this assignment of error.

Defendant’s next assignment of error relates to the admission of testimony of the witnesses Miriam Kaufman, Carol Chase and Holly Hoxeng.

His principal argument is directed to the testimony of Miriam Kaufman, a student at Duke University. Miss Kaufman testified that she was waiting for a bus at the Gilbert-Adams bus stop on 7 September at about 4:40 p.m. when defendant drove up in a beige car and asked her if she wanted a ride. She accepted, but instead of taking her to West Campus he followed a route along Highway 70 into rural Orange County. Although he did not threaten her, he several times said that it was not going to cost her anything. Miss Kaufman became frightened and jumped out of the automobile. She managed to obtain a ride with one of her teachers who lived in the same area, and upon reaching the campus, she reported the incident to the Duke Security authorities.

In determining the admissibility of this evidence, we first consider its relevancy.

Evidence is relevant if it has any logical tendency to prove a fact at issue in a case, Stansbury N. C. Evidence 2d Ed. '§. 77, and in a criminal case every circumstance calculated to throw any light upon the supposed crime is admissible and permissible. State v. Hamilton, 264 N.C. 277, 141 S.E. 2d 506; State v. Knight, 261 N.C. 17, 134 S.E. 2d 101; State v. Ham, 224 N.C. 128, 29 S.E. 2d 449. It is not required that evidence bear directly [48]*48on the question in issue, and evidence is competent and relevant if it is one of the circumstances surrounding the parties, and necessary to be known, to properly understand their conduct or motives, or if it reasonably allows the jury to draw an inference as to a disputed fact. Jones v. Hester, 260 N.C. 264, 132 S.E. 2d 586; Redding v. Braddy, 258 N.C. 154, 128 S.E. 2d 147; and Bank v. Stack, 179 N.C. 514, 103 S.E. 6.

All of the evidence in this case shows that defendant and prosecuting witness engaged in sexual intercourse, thus the ultimate issue for the jury was whether the act was with the consent of Sally Campbell. Defendant testified that he had not earlier on that day been near the spot where he picked up Sally Campbell. Whether Miss Campbell voluntarily accompanied the defendant to the secluded spot where the rape allegedly occurred is sharply controverted, as is the question of consent to the act of intercourse. Although the evidence under the attack does not bear directly upon the ultimate question before the jury, it does tend to shed some light upon the alleged crime and defendant’s conduct and motives. We, therefore, hold that the evidence was relevant.

Relevant evidence is properly received as substantive evidence unless it is forbidden by some specific rule of law. State ex. rel. Freeman v. Ponder, 234 N.C. 294, 67 S.E. 2d 292. Stansbury N. C. Evidence 2d Ed. § 78.

Defendant cites State v. McClain, 240 N.C. 171, 81 S.E. 2d 364, for the exclusionary rule that “in a prosecution for a particular crime, the State cannot offer evidence tending to show that the accused has committed another distinct, independent, or separate offense.” However, McClain also enumerated several well recognized exceptions to the general rule therein stated. We quote one of the exceptions which we consider pertinent to decision :

“6. Evidence of other crimes is admissible when it tends to establish a common plan or scheme embracing the commission of a series of crimes so related to each other that proof of one or more tends to prove the crime charged and to connect the accused with its commission. . . . Evidence of other crimes receivable under this excéption is ordinarily admissible under the other exceptions which sanction the use of such evidence to show criminal intent, guilty knowledge, or identity.” (Citations omitted.)'

[49]*49In the case of State v. Fowler, 230 N.C. 470, 53 S.E. 2d 853, Stacy, C.J., stated: . . proof of the commission of other like offenses is competent to show the quo animo, intent, design, guilty knowledge or scienter, or to make out the res gestae, or to exhibit a chain of circumstances in respect of the matter on trial, when such crimes are so connected with the offense charged as to throw light upon one or more of these' questions.”

Miss Kaufman’s testimony and Miss Campbell’s testimony reveal striking similarities. The two alleged abductions occurred within a period of. a few hours, and from the same location. On both occasions defendant followed approximately the same route into rural Orange County and he used identical language in an attempt to quell their fears.

In our opinion, Miriam Kaufman’s testimony clearly disclosed a common plan, scheme and design by defendant to pick up a female person and carry her into rural Orange County in order to gratify his sexual desires.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Town of Beech Mountain v. Genesis Wildlife Sanctuary, Inc.
786 S.E.2d 335 (Court of Appeals of North Carolina, 2016)
Town of Beech Mountain v. Genesis Wildlife Sanctuary
Court of Appeals of North Carolina, 2016
State v. Hughes
Court of Appeals of North Carolina, 2014
State v. Adams
727 S.E.2d 577 (Court of Appeals of North Carolina, 2012)
State v. Privette
721 S.E.2d 299 (Court of Appeals of North Carolina, 2012)
State v. Golphin
533 S.E.2d 168 (Supreme Court of North Carolina, 2000)
State v. Murillo
509 S.E.2d 752 (Supreme Court of North Carolina, 1998)
State v. Larrimore
456 S.E.2d 789 (Supreme Court of North Carolina, 1995)
State v. Jones
443 S.E.2d 48 (Supreme Court of North Carolina, 1994)
State v. Scott
413 S.E.2d 787 (Supreme Court of North Carolina, 1992)
State v. Stager
406 S.E.2d 876 (Supreme Court of North Carolina, 1991)
State v. Roper
402 S.E.2d 600 (Supreme Court of North Carolina, 1991)
State v. Allen
374 S.E.2d 119 (Court of Appeals of North Carolina, 1988)
State v. Mercer
343 S.E.2d 885 (Supreme Court of North Carolina, 1986)
State v. Riddick
340 S.E.2d 422 (Supreme Court of North Carolina, 1986)
State v. Hopkins
320 S.E.2d 409 (Court of Appeals of North Carolina, 1984)
State v. Moose
313 S.E.2d 507 (Supreme Court of North Carolina, 1984)
State v. Stanley
312 S.E.2d 482 (Supreme Court of North Carolina, 1984)
State v. Alston
312 S.E.2d 470 (Supreme Court of North Carolina, 1984)
State v. Lofton
310 S.E.2d 633 (Court of Appeals of North Carolina, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
199 S.E.2d 423, 284 N.C. 41, 1973 N.C. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arnold-nc-1973.