State v. Bradley

312 S.E.2d 519, 67 N.C. App. 81, 1984 N.C. App. LEXIS 2994
CourtCourt of Appeals of North Carolina
DecidedMarch 6, 1984
DocketNo. 8327SC58
StatusPublished

This text of 312 S.E.2d 519 (State v. Bradley) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Bradley, 312 S.E.2d 519, 67 N.C. App. 81, 1984 N.C. App. LEXIS 2994 (N.C. Ct. App. 1984).

Opinion

JOHNSON, Judge.

Defendant assigns error to the jury charge and to statements by the prosecutor in his argument to the jury.

First, defendant assigns error to that portion of the charge regarding the defense of alibi. Defendant submitted a timely writ[83]*83ten request for an instruction on alibi, however, the court’s instruction was not a verbatim recitation of defendant’s requested instruction. Defendant argues that the following portion of his requested instruction was omitted from the instruction actually given by the trial court and that this omission constitutes prejudicial error.

The defendant’s contention that he was not present and did not participate is simply a denial of facts essential to the State’s case.
Therefore, I charge that if, upon considering all the evidence with respect to alibi, you have a reasonable doubt as to the defendant’s presence at or participation in the crime charged, you must find him not guilty.

In response to defendant’s request for instruction, the trial court instructed the jury as follows:

The defendant relies upon the defense of alibi. The defendant contends that he was at some other place at the time of the formulation of the plan to commit the robbery and at the time of the robbery. The word alibi simply means somewhere else. The burden of proving alibi does not rest upon the defendant. [T]o establish the defendant’s guilt, [t]he State must prove beyond a reasonable doubt that the defendant counseled, commanded, or procured, or knowingly aided [Shaw and] Henderson in the commission of the armed robbery even if he was not at the scene when the events occurred. If the State fails to meet the burden, you shall find the defendant not guilty.

Defendant first argues that the trial court erred by omitting that portion of his requested instruction reprinted above and by substituting for it a detailed factual statement of what the State must nevertheless prove. Defendant contends that the omitted portion of the alibi instruction was critical since it is the portion which makes it clear to the jury that if the evidence with respect to alibi considered together with all the other evidence raises a reasonable doubt that defendant participated in the crime, he should be found not guilty. Further, that the placement of an instruction on the law arising on the State’s evidence in the very middle of the instructions on the law arising on the defendant’s [84]*84evidence had the practical effect of nullifying the effect of the alibi instruction.

When a defendant in apt time specifically requests an instruction on alibi evidence which has been introduced, he is entitled to such an instruction. State v. Cox, 296 N.C. 388, 250 S.E. 2d 259 (1979); State v. Hunt, 283 N.C. 617, 197 S.E. 2d 513 (1973). Moreover, in State v. Hunt, the Supreme Court stated that when an instruction as to the legal effect of alibi evidence is given, whether by the court of its own motion or in response to a request, such statement must be correct, and the substance of the alibi instruction must accord with that approved in State v. Minton, 234 N.C. 716, 726-27, 68 S.E. 2d 844, 851 (1952) and State v. Spencer, 256 N.C. 487, 489, 124 S.E. 2d 175, 177 (1962). The approved charge is as follows:

An accused, who relies on an alibi, does not have the burden of proving it. It is incumbent upon the State to satisfy the jury beyond a reasonable doubt on the whole evidence that such accused is guilty. If the evidence of alibi, in connection with all the other testimony in the case, leaves the jury with a reasonable doubt of the guilt of the accused, the State fails to carry the burden of proof imposed upon it by law, and the accused is entitled to an acquittal.

“Alibi” is simply evidence contradictory of the State’s evidence that defendant committed the alleged crime where presence is necessary for conviction. In such a case, evidence that defendant was at another place, if it raised a reasonable doubt in the minds of the jurors, would properly result in an acquittal under the reasonable doubt instruction. State v. Hunt, supra at 624, 197 S.E. 2d at 518. It is essential that the jury understand that a reasonable doubt may arise out of the defense testimony as well as the State’s. Id. at 625, 197 S.E. 2d at 519. Hence, the approved instruction contains a statement substantially similar to the sentence omitted from the instructions request in this case, that “if, upon considering all the evidence with respect to alibi, you have a reasonable doubt as to the defendant’s presence at or participation in the crime charged, you must find him not guilty.”

We agree with defendant that he was entitled to the omitted portion of the alibi instruction, pursuant to his request, under State v. Cox, supra and State v. Hunt, supra. Furthermore, we [85]*85agree that the placement of a detailed statement of the State’s theory that defendant was involved in the offense but had left the scene before the crime was committed, in the middle of an instruction as to the legal effect of alibi evidence, was potentially confusing to the jury. However, these errors cannot be considered prejudicial in this case.

With regard to the omitted sentence, the trial court had earlier in the charge adequately instructed the jury on the defendant’s contentions that he was present at his home at all times during the perpetration of the robbery and that Henderson returned the defendant’s car at some time later during the morning of the robbery and at that point gave defendant a ring. In addition, the trial court, in the course of the charge made it clear that the burden remained on the State, when all the evidence was considered, to prove each element of the offense beyond a reasonable doubt. In this respect, the charge read as a whole and construed contextually, contained no prejudicial error. State v. Lee, 277 N.C. 205, 176 S.E. 2d 765 (1970).

Defendant’s argument regarding the juxtaposition of an incomplete alibi instruction and a statement regarding the State’s theory of aiding and abetting is more problematic. In a related argument, defendant contends that the trial court erred in the alibi instruction when it included the words “even if he was not at the scene when the events occurred” because there was no evidence to support a conviction on the theory that defendant was involved in the planning of the offense but was not actually or constructively present at the mall in Gastonia or in the vicinity thereof. Defendant contends that the statement suggested to the jury a theory not supported by any evidence, to wit: that defendant planned or procured the commission of the offense either sometime prior to the morning of 30 April 1982 or at the time defendant loaned the car to Shaw and Henderson while they were at his house that morning.

The record shows that Shaw, on direct examination, testified expressly that defendant and another man had in effect coerced him and Henderson into committing the robbery once they were all together in defendant’s car approaching Gastonia. The defendant’s evidence, on the other hand, showed that defendant was home in bed at the time according to Shaw, that the robbery was [86]*86allegedly planned and perpetrated, and that he had simply loaned his car to the perpetrators earlier that morning with no knowledge of their intentions.

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Related

State v. Hunt
197 S.E.2d 513 (Supreme Court of North Carolina, 1973)
State v. Morgan
261 S.E.2d 827 (Supreme Court of North Carolina, 1980)
State v. Lee
176 S.E.2d 765 (Supreme Court of North Carolina, 1970)
State v. Taylor
221 S.E.2d 359 (Supreme Court of North Carolina, 1976)
State v. Spencer
124 S.E.2d 175 (Supreme Court of North Carolina, 1962)
State v. Fennell
297 S.E.2d 393 (Supreme Court of North Carolina, 1982)
State v. Minton
68 S.E.2d 844 (Supreme Court of North Carolina, 1952)
State v. Cox
250 S.E.2d 259 (Supreme Court of North Carolina, 1979)
State v. Morgan
261 S.E.2d 827 (Supreme Court of North Carolina, 1980)

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Bluebook (online)
312 S.E.2d 519, 67 N.C. App. 81, 1984 N.C. App. LEXIS 2994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bradley-ncctapp-1984.