State v. Artis
| Decision Date | 21 March 1951 |
| Docket Number | No. 217,217 |
| Citation | 64 S.E.2d 183,233 N.C. 348 |
| Parties | STATE, v. ARTIS. |
| Court | North Carolina Supreme Court |
Atty. Gen. Harry McMullan and Asst. Atty. Gen. Ralph Moody, for the State.
Herbert B. Hulse and Scott B. Berkeley, Goldsboro, for defendant.
The appeal challenges, first, the sufficiency of the evidence to overcome the demurrer, second, the submission of the charge of murder in the second degree, and, third, the correctness of the instructions to the jury.
The State's evidence readily supports the verdict. The defendant's evidence, if believed, would have justified a self-defense acquittal. And even if the weight of the evidence seems to bear in favor of the defendant, we cannot say there was error in submitting the case to the jury. They are the triers of the facts. The credibility of the evidence is for them. The court ruled properly in denying the motion for judgment as in case of nonsuit. Indeed, the presumptions arising from an intentional killing with a deadly weapon, to wit, unlawfulness and malice, required a jury verdict. State v. Chavis, 231 N.C. 307, 56 S.E.2d 678; State v. Childress, 228 N.C. 208, 45 S.E.2d 42; State v. Brooks, 228 N.C. 68, 44 S.E.2d 482; State v. DeMai, 227 N.C. 657, 44 S.E.2d 218; State v. Staton, 227 N.C. 409, 42 S.E.2d 401; State v. Vaden, 226 N.C. 138, 36 S.E.2d 913; State v. Robinson, 226 N.C. 95, 36 S.E.2d 655; State v. Rivers, 224 N.C. 419, 30 S.E.2d 322; State v. Todd 224 N.C. 358, 30 S.E.2d 157; State v. Burrage, 223 N.C. 129, 25 S.E.2d 393; State v. Keaton, 206 N.C. 682, 175 S.E. 296; State v. Gregory, 203 N.C. 528, 166 S.E. 387.
The defendant complains that the charge of murder in the second degree should not have been submitted to the jury, and that otherwise error was committed in the trial of this charge. Even so--though no error in this respect appears on the record--the defendant is in no position to take advantage of it, since he was convicted of the lessor offense of manslaughter and the evidence fully justifies the conviction. State v. Beachum, 220 N.C. 531, 17 S.E.2d 674; State v. Blackwell, 162 N.C. 672, 78 S.E. 316.
The occurrence here was quite a needless tragedy. Both of the principals were a little too insistent upon their rights. Each made the mistake of arming himself. In this respect the defendant seems to have been the first offender. But, then, we are looking at the events of the day in retrospect. If the parties themselves had it to go over, they too might, and...
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State v. Bryant
...degree became harmless when the jury returned a verdict of manslaughter. State v. Brannon, 234 N.C. 474, 67 S.E.2d 633; State v. Artis, 233 N.C. 348, 64 S.E.2d 183; State v. Beachum, 220 N.C. 531, 17 S.E.2d 674; State v. Blackwell, 162 N.C. 672, 78 S.E. 316. We think the United States Supre......
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State v. Watson
...it is clear that any error in the judge's charge concerning the elements of first- degree murder is harmless. See e.g., State v. Artis, 233 N.C. 348, 64 S.E.2d 183 (1951); State v. Suddreth, 230 N.C. 239, 52 S.E.2d 924 (1949); State v. Cade, 215 N.C. 393, 2 S.E.2d 7 (1939); State v. Evans, ......
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State v. Brannon
...the guilt of the defendants of murder in the second degree was harmless since the jury returned a verdict of manslaughter. State v. Artis, 233 N.C. 348, 64 S.E.2d 183; State v. Beachum, 220 N.C. 531, 17 S.E.2d 674; State v. Blackwell, 162 N.C. 672, 78 S.E. The defendants assign as error the......
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State v. Downey, 364
...to nonsuit is not tenable. See State v. Vaden, 226 N.C. 138, 36 S.E.2d 913; State v. Brooks, 228 N.C. 68, 44 S.E.2d 482; State v. Artis, 233 N.C. 348, 64 S.E.2d 183; State v. Brannon, 234 N.C. 474, 67 S.E.2d Indeed there is evidence of flight by defendant after the shooting of deceased. Thi......