State v. McKoy

337 S.E.2d 666, 78 N.C. App. 531, 1985 N.C. App. LEXIS 4320
CourtCourt of Appeals of North Carolina
DecidedDecember 31, 1985
DocketNo. 8512SC193
StatusPublished
Cited by2 cases

This text of 337 S.E.2d 666 (State v. McKoy) 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. McKoy, 337 S.E.2d 666, 78 N.C. App. 531, 1985 N.C. App. LEXIS 4320 (N.C. Ct. App. 1985).

Opinions

PARKER, Judge.

The incident for which defendants were charged occurred on 26 July 1983. Defendants were indicted on 20 August 1984. The State’s primary evidence was the testimony of one Thomas “Luke” Bowens, who was granted consideration as to sentencing on several charges pending against him in exchange for his testimony. Bowens testified that on 26 July 1983, he and the two code-fendants had been at an arcade in a shopping center in Spring Lake, North Carolina. The three walked out behind the arcade, discussing their financial woes. Bowens testified that defendant Harrison was carrying a blue athletic bag and said he had a pair of bolt cutters. As the trio walked along behind the shopping center, they came upon the storage building for the Maxway Store located in the shopping center. Bowens took Harrison’s bolt cutters and a screwdriver and broke into the building. The build[533]*533ing was primarily used to house merchandise that had been put on layaway by Maxway customers. Bowens entered the building, looked around, returned to the door and said “yo, we just got paid”; he then began handing microwave ovens and television sets to defendants. They took fourteen ovens and four television sets in all. After hiding the stolen items, the three split up. Bowens arranged for the sale of the items, and the three got back together to divide the money. Bowens testified that each person’s share was approximately $600.

On 5 April 1984, Bowens was arrested for an unrelated crime. During the investigation of Bowens, the police realized that he could be a valuable source of information regarding a number of break-ins in the area and about a “fence” known as Sid. Bowens then entered into a plea arrangement in which he was promised no more than six years active time if he would cooperate and give information and ultimately testify about these other break-ins. Bowens agreed and as part of this arrangement made a statement concerning the Maxway break-in, which implicated the defendants and which was essentially the same as his trial testimony. Detective A. F. Payne of the Spring Lake Police Department took the statement and, at trial, read it into evidence.

The State’s theory of the case was concerted action. Although the State’s witness, Bowens, did the actual breaking and entering (his testimony conflicted as to whether defendants actually entered the shed), the State argued that defendants were equally guilty as they too possessed the requisite guilty knowledge and intent.

The sole argument1 advanced by both defendants is that the trial judge erred in allowing the prosecutor to question Bowens about other break-ins he had committed with either of the defendants. Defendants assert that this was inadmissible evidence of character under G.S. 8C-1, Rule 404.

[534]*534On direct examination of Bowens by the prosecutor, the following exchange took place:

Q. Had the three of you done anything like this before?
Mr. MELVIN: Objection, your Honor.
COURT: Overruled.
(Witness shaking head.)
COURT: You may answer.
A. Answer?
COURT: Yes.
A. What you mean?
Q. Had you and Mr. Harrison and Mr. McKoy or any of you broken into places like this before?
Mr. Melvin: Objection.
COURT: Overruled.
A. No.
Q. Had you broken into anything — at homes or anything with these two, either of these two fellows before.
Mr. Melvin: Objection.
COURT: Overruled.
COURT: You may answer.
A. (Shook head negatively.) No.

Despite the negative response to this line of questioning, the prosecutor pursued it again on redirect, resulting in the following confusing exchange.

Q. Who broke into the pawn shop with you?
Mr. Melvin: Objection.
COURT: Overruled.
Q. Who went into the pawn shop with you?
A. The best of my knowledge? Harrison.
[535]*535Q. The defendant, Mr. Harrison?
A. Yes.
Q. And you also broke into a house at 206 Holland Drive, home of Isabel Rodriguez, didn’t you?
A. Who?
Q. You did.
A. Not that I can remember of.
Q. And you took a General Electric black and white television set, a Zenith nineteen inch color television set, and a Pioneer stereo, that was back in March of 1983?
A. Oh — I know what you’re talking about.
Q. Okay.
A. No. They wasn’t with me.
Q. Do you remember Mr. McKoy being with you?
A. Not really.
Q. You don’t remember breaking into a house with Mr. Mc-Koy?
A. I remember breaking into a house. Not with him.
Q. Now, Mr. Bowens, you remember back earlier in the year, when you were about to be tried for breaking into the Boulevard Pawn Shop?
A. Yes.
Q. That’s the same pawn shop you said Mr. Harrison and you broke into—
Mr. Melvin: Objection, your Honor.
COURT: Overruled.
Q. —is that right?
A. Yes.
[536]*536Q. And your lawyer and I had some discussions that resulted in a plea bargain for you, isn’t that correct?
A. Yeah.
Q. Now, is that the plea bargain in which you were to plead guilty and get six years?
A. About that pawn shop?
Q. Um-hum.
A. I got probation for that pawn shop. Oh, you got the wrong pawn shop here.
Q. That’s the pawn shop that you broke into.
A. Sir, I’m going to be honest with you. The way this went down, I don’t know which charge I got tried for and which business I broke into. It was some of them.
Q. You broke into some of them?
A. Yeah.
Q. And you broke in with a lot of different people?
A. Quite—
Q. Are you sure that — and are you sure that you broke into this place with Mr. Harrison?
A. If that’s what’s on that paper, it has to be.
Q. Do you remember going in there with him?
A.

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Related

State v. McDonald
502 S.E.2d 409 (Court of Appeals of North Carolina, 1998)
State v. White
401 S.E.2d 106 (Court of Appeals of North Carolina, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
337 S.E.2d 666, 78 N.C. App. 531, 1985 N.C. App. LEXIS 4320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mckoy-ncctapp-1985.