State v. Hill

319 S.E.2d 163, 311 N.C. 465, 1984 N.C. LEXIS 1770
CourtSupreme Court of North Carolina
DecidedAugust 28, 1984
Docket599A82
StatusPublished
Cited by281 cases

This text of 319 S.E.2d 163 (State v. Hill) 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. Hill, 319 S.E.2d 163, 311 N.C. 465, 1984 N.C. LEXIS 1770 (N.C. 1984).

Opinions

BRANCH, Chief Justice.

Defendant first assigns as error the denial of his motions to dismiss the charge of first-degree murder on the ground that there was insufficient evidence of premeditation and deliberation.

In State v. Corn, 303 N.C. 293, 278 S.E. 2d 221 (1981), we stated the familiar standards governing the sufficiency of evidence of premeditation and deliberation:

In order for the trial court to submit a charge of first degree murder to the jury, there must have been substantial evidence presented from which a jury could determine that the defendant intentionally shot and killed the victim with malice, premeditation and deliberation. State v. Horton, 299 N.C. 690, 263 S.E. 2d 745 (1980); State v. Heavener, 298 N.C. 541, 259 S.E. 2d 227 (1979); State v. Baggett, 293 N.C. 307, 237 S.E. 2d 827 (1977). “Substantial evidence” is that amount of [470]*470relevant evidence that a reasonable mind might accept as sufficient to support a conclusion. State v. Smith, 300 N.C. 71, 265 S.E. 2d 164 (1980); State v. Powell, 299 N.C. 95, 261 S.E. 2d 114 (1980). In ruling upon defendant’s motion to dismiss on the grounds of insufficient evidence, the trial court is required to interpret the evidence in the light most favorable to the State, drawing all reasonable inferences in the State’s favor. State v. Fletcher, 301 N.C. 709, 272 S.E. 2d 859 (1981); State v. King, 299 N.C. 707, 264 S.E. 2d 40 (1980).
Premeditation has been defined by this Court as thought beforehand for some length of time, however short. No particular length of time is required; it is sufficient if the process of premeditation occurred at any point prior to the killing. State v. Myers, 299 N.C. 671, 263 S.E. 2d 768 (1980); State v. Reams, 277 N.C. 391, 178 S.E. 2d 65 (1970); State v. Robbins, 275 N.C. 537, 169 S.E. 2d 858 (1969). An unlawful killing is committed with deliberation if it is done in a “cool state of blood,” without legal provocation and in furtherance of a “fixed design to gratify a feeling of revenge, or to accomplish some unlawful purpose.” State v. Faust, 254 N.C. 101, 106-07, 118 S.E. 2d 769, 772 (1961). The intent to kill must arise from “a fixed determination previously formed after weighing the matter.” State v. Exum, 138 N.C. 599, 618, 50 S.E. 283, 289 (1905). See also State v. Baggett, supra; State v. Britt, 285 N.C. 256, 204 S.E. 2d 817 (1974).

Id. at 296-97, 278 S.E. 2d at 223. Furthermore, as we noted in State v. Judge, 308 N.C. 658, 303 S.E. 2d 817 (1983),

[t]he term “cool state of blood” does not mean that the defendant must be calm or tranquil or display the absence of emotion; rather, the defendant’s anger or emotion must not have been such as to disturb the defendant’s faculties and reason. State v. Myers, 299 N.C. 671, 263 S.E. 2d 768 (1980); State v. Britt, 285 N.C. 256, 204 S.E. 2d 817 (1974). The fact that there was a quarrel does not preclude the possibility that the defendant formed the intent to kill with premeditation and deliberation. State v. Tysor, 307 N.C. 679, 300 S.E. 2d 366 (1983); State v. Misenheimer, 304 N.C. 108, 282 S.E. 2d 791 (1981).

308 N.C. at 662, 303 S.E. 2d at 820.

In the instant case, the evidence, taken in the light most favorable to the State, tends to show that Officer Enevold [471]*471stopped to investigate a suspicious vehicle, and as he looked into the window of the car, a black man appeared and took off running. The officer on two occasions said something, but the man kept on running. Officer Enevold ran after him and tackled him. As the two struggled, the man managed to get up. The officer was still on the ground. The black man, who had possession of the gun, was “looking down at his face and . . . said something like, ‘Let me go.’ ” A shot was fired and the officer fell to the ground. Immediately following the shooting, the man turned and pointed the gun at Ricky Edwards, an eyewitness who was seated in his automobile at the time. The man then fled the scene in the blue GTO, “going faster than the speed limit.” This evidence was sufficient to permit the issues of premeditation and deliberation to go to the jury.

Defendant next assigns as error the failure of the trial court to instruct the jury on the lesser-included offense of involuntary manslaughter. At trial, defendant submitted a written request for a jury instruction on involuntary manslaughter. The trial court denied the request and charged the jury on the offenses of first-degree murder, second-degree murder, and voluntary manslaughter. In support of his contention, defendant argues that the evidence permits an inference that the officer’s gun went off accidentally as a result of defendant’s negligent handling of it. We disagree.

As we stated in State v. Redfern, 291 N.C. 319, 230 S.E. 2d 152 (1976),

[ijnvoluntary manslaughter is the unintentional killing of a human being without malice, proximately caused by (1) an unlawful act not amounting to a felony nor naturally dangerous to human life, or (2) a culpably negligent act or omission. State v. Ward, 286 N.C. 304, 210 S.E. 2d 407.

Id. at 321, 230 S.E. 2d at 153. In the instant case, defendant did not testify or put on any evidence. The State’s evidence tends to show that in the course of a struggle in which defendant was trying to get away, defendant stood up and looked down at the officer. At that point defendant said “Let me go” and a gun in his possession went off. The gun was pointed at Officer Enevold and was fired at extremely close range. The officer fell to the ground and immediately thereafter defendant turned toward Ricky Edwards and pointed the gun at him. Defendant then fled the scene in the blue GTO. There is no evidence of an unintentional dis[472]*472charge of the weapon and hence there was no error in the failure of the trial judge to instruct on involuntary manslaughter. See State v. Robbins, 309 N.C. 771, 309 S.E. 2d 188 (1983).

Defendant next contends that he was denied his right to a fair trial by the prosecutor’s closing argument during the guilt phase of the trial. Defendant maintains that certain portions of the prosecutor’s closing argument improperly appealed to the passions and prejudices of the jurors. Although conceding he made no objections to the challenged portions, defendant argues that the remarks were so prejudicial and grossly improper as to require corrective action by the trial court ex mero motu.

The rules applicable to the scope of the prosecutor’s closing argument were recently summarized by this Court in State v. Kirkley, 308 N.C. 196, 302 S.E. 2d 144 (1983):

Prior to discussing the merits of each contended error during the prosecutor’s argument to the jury, we must set forth the standard of review to be employed. The defense counsel at trial failed to object to or take exception to any part of the prosecutor’s final argument to the jury. If a party fails to object to a jury argument, the trial court may, in its discretion, correct improper arguments. State v. Johnson, 298 N.C. 355, 259 S.E. 2d 752 (1979). When a party fails to object to a closing argument we must decide whether the argument was so improper as to warrant the trial judge’s intervention ex mero motu.

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Bluebook (online)
319 S.E.2d 163, 311 N.C. 465, 1984 N.C. LEXIS 1770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hill-nc-1984.