State v. Riddle

340 S.E.2d 75, 316 N.C. 152, 1986 N.C. LEXIS 1906
CourtSupreme Court of North Carolina
DecidedMarch 5, 1986
Docket710A84
StatusPublished
Cited by41 cases

This text of 340 S.E.2d 75 (State v. Riddle) 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. Riddle, 340 S.E.2d 75, 316 N.C. 152, 1986 N.C. LEXIS 1906 (N.C. 1986).

Opinion

MEYER, Justice.

The State’s evidence tended to show that the defendant is the father of Pamela Riddle. On 3 August 1984, fourteen-year-old Pamela was living in a mobile home with the defendant, her mother, her brother, and her brother’s fiancee. Pamela testified that early in the morning on 3 August 1984, while she was watching television, the defendant approached her and asked her to go to bed with him. She refused and ran out of the living room. The defendant chased after her. Pamela attempted to get out of the mobile home; however, both doors were locked. She then ran into the bathroom which was adjacent to her bedroom and locked the door.

Pamela further testified that the defendant managed to unlock the bathroom door and then forced her into his bedroom. When she refused his order to get on the bed, the defendant pulled out a pocketknife, opened it, and held it to her throat. Pam *154 ela stated that she then got on the bed. While continuing to hold the knife to her throat, the defendant proceeded to engage in vaginal intercourse with Pamela. Pamela testified that the defendant threatened to kill her if she reported the incident to anyone. Pamela also testified that the defendant wore a prophylactic during intercourse.

On cross-examination, Pamela testified that her father was strict with her and would at times forbid her from visiting certain friends. Pamela also admitted that occasionally she forged her parents’ signatures to notes purporting to excuse school absences.

Elsie James, a neighbor of the Riddles, testified for the State. She testified that Pamela came to her house on 6 August 1984 and stated that the defendant had engaged in sex with her.

The State also presented the testimony of Amy Collins, a protective services worker with the Davie County Department of Social Services. Collins testified that she interviewed Pamela on 8 August 1984. During the interview, Pamela told Collins that her father had forced her to engage in sexual intercourse with him on 3 August 1984. Collins further testified that Pamela said her father used a pocketknife to carry out the act.

Detective P. C. Williams of the Davie County Sheriffs Department testified that he met with Pamela on 8 August 1984. At that time, Pamela gave a statement regarding the defendant’s actions on the morning of 3 August 1984. This statement, which was substantially in accord with Pamela’s testimony at trial, was read to the jury. Williams also testified that on 9 August 1984, the defendant’s wife gave him permission to conduct a search of the mobile home. As a result of the search, Williams found two empty prophylactic packages; one in a kitchen trash can, the other in a pocket of a coat located in defendant’s bedroom.

Betty Riddle, Pamela’s mother, was called as a witness by the State. She testified that the defendant had a bad temper and had on previous occasions spanked Pamela. Mrs. Riddle also said that the defendant had beaten her (Mrs. Riddle) during the early years of their marriage. Mrs. Riddle further testified that she had undergone a partial hysterectomy six years earlier, and as a consequence there was no need for defendant to use prophylactics when they engaged in intercourse. She also stated that she and *155 her husband had been having sexual problems near the time of the alleged incident. Mrs. Riddle testified that, on several occasions, Pamela had told her that she was telling the truth about the incident.

Mark Riddle, Pamela’s sixteen-year-old brother, was called as a witness by the State. He testified that he was living with his parents in August 1984 and was in the mobile home on the morning of 3 August 1984. Mark testified that his bedroom was directly adjacent to his parents’ bedroom. He stated that he heard nothing unusual that morning prior to being awakened by his father at approximately 8:00 a.m. Mark denied having any prophylactics in the mobile home at that time.

Lisa Riddle, Pamela’s eighteen-year-old sister, testified for the defendant. She stated that Pamela had expressed a desire to live away from home due in part to the fact that she was required to adhere to strict rules of behavior which were imposed by her parents. Lisa testified that she had spoken with Pamela on several occasions after charges were brought against their father. Lisa said that, during one of these conversations, Pamela asked, “Could they do anything to me if they found out I was lying?” Lisa testified that on another occasion Pamela told her to “[t]ell daddy I am going to tell everybody that I have been lying.” Lisa also said that Pamela had a history of telling lies. On cross-examination, Lisa denied that she had ever told Pamela that she did not want her to testify against the defendant.

Teresa Riddle, Pamela’s sister-in-law, testified that, a few days prior to 3 August, Pamela told her that she was planning to go to the Department of Social Services to see if she could be placed in a foster home. Teresa stated that Pamela expressed a great deal of dissatisfaction with the restrictions that her parents placed on her.

Evalina Campbell, Betty Riddle’s aunt, testified that sometime after 3 August, she and her husband were helping Mrs. Riddle clean up the Riddle’s mobile home. She stated that, at that time, she found a package of prophylactics under Mark Riddle’s bed and put it in a trash can.

The defendant took the stand in his own behalf. He denied having ever engaged in any type of sexual activity with Pamela or having displayed a knife in her presence.

*156 Based on this and other evidence, the jury found the defendant guilty of first-degree rape and incest.

The defendant’s first assignment of error concerns certain testimony given by Amy Collins, the protective services worker who interviewed Pamela Riddle. Collins testified after Pamela had testified. During direct examination, Collins was asked if Pamela had told her about any conversations that she had had with her sister, Lisa. Collins stated that Pamela had told her “[t]hat she [Lisa] wanted her [Pamela] to say that she [Pamela] had made it [the accusation against defendant] up.” The defendant argues that the admission of this testimony constitutes reversible error.

We note initially that defense counsel objected to the question posed to Ms. Collins but did not move to strike her answer. The defendant suggests that the question asked of Ms. Collins anticipated or suggested that the answer would be inadmissible, and therefore his objection was sufficient and alone preserved the issue for appellate review. We disagree. Where inadmissibility of the answer is not indicated or suggested by the question, but becomes apparent by some feature of the answer, the objection should be made as soon as the inadmissibility becomes known and should be in the form of a motion to strike out the answer or the objectionable part of it. 1 Brandis on North Carolina Evidence § 27 (2d rev. ed. 1982). Thus, even assuming, arguendo, that the answer was not corroborative, the defendant’s failure to move to strike it waived his objection. We conclude, however, that the question anticipated an answer that would have been fully corroborative of Pamela’s prior testimony, i.e., that Pamela told Ms.

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Bluebook (online)
340 S.E.2d 75, 316 N.C. 152, 1986 N.C. LEXIS 1906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riddle-nc-1986.