State v. Fearing

284 S.E.2d 479, 304 N.C. 499, 1981 N.C. LEXIS 1362
CourtSupreme Court of North Carolina
DecidedDecember 1, 1981
Docket27
StatusPublished
Cited by7 cases

This text of 284 S.E.2d 479 (State v. Fearing) 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. Fearing, 284 S.E.2d 479, 304 N.C. 499, 1981 N.C. LEXIS 1362 (N.C. 1981).

Opinions

COPELAND, Justice.

This is one of three cases decided by our Court today which arise out of the same accident in Dare County. See State v. Charles Fearing, 304 N.C. 471, 284 S.E. 2d 487 (1981); State v. Duvall, 304 N.C. 557, 284 S.E. 2d 495 (1981). The instant case, State v. Malcolm Fearing, is before us specifically upon the State’s appeal from the Court of Appeals’ decision ordering a new trial of defendant for error in the judge’s instructions upon the essential elements of a hit-and-run offense under G.S. 20-166. This identical issue, concerning the adequacy of the instructions about the hit-and-run driver’s knowledge and intent, has been fully and correctly addressed in the companion opinion of State v. Charles Fearing, supra, and, for the reasons there stated by Justice Britt, we affirm the Court of Appeals’ award of a new trial upon this [502]*502ground without further ado. We thus direct our attention to the other assignments of error, properly raised by defendant, which may recur at his next trial.

I

Defendant contends that the court erroneously admitted the content of a conversation between Trooper J. W. Bonner and Charles Fearing, the driver of the vehicle in the charged hit-and-run accident. Specifically, the trooper testified that Charles Fearing and defendant approached him at the scene of the accident, where the victim’s body was found, on 20 February 1979. Charles Fearing told Trooper Bonner that he had “struck something” the night before, while he was driving defendant’s car, and showed him a signpost (as an explanation of what he might have hit). Defendant stood within two to three feet of these conversants during their initial dialogue. A short while later, another trooper advised Charles Fearing and defendant of their Miranda rights. Charles Fearing, defendant and defendant’s father then rode with Trooper Bonner to a body shop to inspect defendant’s car. During the ride, Charles Fearing related further the circumstances surrounding his accident on 19 February 1979. When Charles finished his story, the trooper asked defendant “if he had anything else to relate, anything other to add. . . .” Defendant replied that he did not. At trial, however, the State produced evidence tending to show that defendant did know about certain additional events of criminial significance, which Charles had failed to mention, when Trooper Bonner made this inquiry of him.

Under such circumstances, we do not believe that Charles Fearing’s conversation with the officer constituted inadmissible hearsay against defendant.1 These declarations were obviously competent in at least two respects: (1) as part of the res gestae, ie., the course of events attendant to the investigation of the hit- and-run and (2) as evidence of defendant’s knowledge and state of mind, ie., his intent to assist Charles Fearing in his efforts to avoid a felony prosecution by rejecting an opportunity to detail other relevant facts, personally known to him, about the accident to the trooper in a fuller, and hence more truthful, manner. See 1 Stansbury’s North Carolina Evidence §§ 141, 158 (Brandis rev. [503]*5031973); see also State v. Duvall, 50 N.C. App. 684, 695-96, 275 S.E. 2d 842, 852, rev’d on other grounds (this date), 304 N.C. 557, 284 S.E. 2d 495 (1981).

II

Over defendant’s objections, the trial court permitted the State to introduce photographs of defendant’s vehicle and the damaged vehicle itself as exhibits at his trial. We find no error herein. First, the record plainly demonstrates that the photographs were admitted to illustrate Trooper Bonner’s testimony concerning what he actually observed when he examined the car during his investigation of the accident on 20 February 1979, the day after its occurrence. The trooper affirmed that these photographs “fairly and accurately” depicted his observations of the car on that day. The photographs, thereby sufficiently authenticated, were admissible to portray the witness’s statements which tended to show that the hit-and-run was committed with defendant’s car and that subsequent efforts had been made to conceal this very fact at the body shop. See State v. Cutshall, 278 N.C. 334, 180 S.E. 2d 745 (1971); 1 Stansbury’s North Carolina Evidence § 34 (Brandis rev. 1973). Second, the tangible object of defendant’s vehicle was also admissible as direct real evidence of its wrecked condition, as well as illustrative evidence of the trooper’s testimony. See 1 Stansbury, supra, §§ 117-18. The officer testified at trial that he had inspected the car again and that it appeared “to be in the same condition today as it was on the 20th of February, 1979 when I examined it.” Consequently, we hold that the trial judge correctly admitted these exhibits and that defendant’s assignments of error are without merit.

III

Defendant asserts that the State improperly elicited certain expert testimony by failing to propound its questions in a hypothetical form. We disagree. The assignments of error concern the State’s direct examination of Dr. Lawrence S. Harris, a forensic pathologist. Defendant did not challenge the witness’s medical expertise in that field. Dr. Harris performed the autopsy of the hit-and-run victim and described in. detail the physical injuries and condition of the body. The record clearly shows that the State sought and received Dr. Harris’s expert medical opinion on the cause of death based solely upon his own personal observa[504]*504tions, and the factual knowledge he thereby obtained, during his actual examination of the body. Under such circumstances, the medical opinion was unquestionably competent, and there was no requirement that it be given only in response to a hypothetical question. State v. Griffin, 288 N.C. 437, 443, 219 S.E. 2d 48, 53 (1975), death sentence vacated, 428 U.S. 904, 96 S.Ct. 3210, 49 L.Ed. 2d 1210 (1976); State v. Holton, 284 N.C. 391, 397, 200 S.E. 2d 612, 616 (1973); see 1 Stansbury’s North Carolina Evidence § 136, at 446 (Brandis rev. 1973).

IV

Defendant contends that the State did not adduce enough evidence to convict him. We disagree. The State had to prove three things in its prosecution of defendant as an accessory after the fact under G.S. 14-7: (1) the principal (Charles Fearing) committed a felony; (2) the alleged accomplice (defendant) personally aided the principal in his attempts to avoid criminal liability by any means calculated to assist him in doing so; and (3) the accomplice gave such help with knowledge that the principal had committed a felony. State v. Atkinson, 298 N.C. 673, 685, 259 S.E. 2d 858, 865 (1979). The State was, of course, required to present substantial evidence of defendant’s guilt on each of these essential elements; however, the State was also entitled to have such evidence viewed in the light most favorable to its position, with the benefit of every reasonable inference arising therefrom. State v. Cox, 303 N.C. 75, 277 S.E. 2d 376 (1981). The Court of Appeals concluded that the evidence was sufficient to sustain defendant’s conviction under G.S. 14-7, supra, and overruled defendant’s assignment of error. It suffices to say that our independent review of the record discloses ample evidence to support the Court of Appeals’ conclusion, and we accordingly affirm its holding upon this point.

V

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Related

State v. Riley
495 S.E.2d 181 (Court of Appeals of North Carolina, 1998)
State v. Whitley
433 S.E.2d 826 (Court of Appeals of North Carolina, 1993)
State v. Robey
371 S.E.2d 711 (Court of Appeals of North Carolina, 1988)
State v. White
334 S.E.2d 786 (Court of Appeals of North Carolina, 1985)
State v. Duvall
284 S.E.2d 495 (Supreme Court of North Carolina, 1981)
State v. Fearing
284 S.E.2d 479 (Supreme Court of North Carolina, 1981)

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Bluebook (online)
284 S.E.2d 479, 304 N.C. 499, 1981 N.C. LEXIS 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fearing-nc-1981.