State v. Bolin, 114

Decision Date16 June 1972
Docket NumberNo. 114,114
Citation189 S.E.2d 235,281 N.C. 415
CourtNorth Carolina Supreme Court
PartiesSTATE of North Carolina v. William Harrison BOLIN.

Atty. Gen., Robert Morgan, and Associate Atty., William Lewis Sauls, Raleigh, for the State.

White, Crumpler & Pfefferkorn, by Fred G. Crumpler, Jr., Michael J. Lewis and G. Edgar Parker, Winston-Salem, for defendant appellant.

BOBBITT, Chief Justice.

Defendant assigns as error (1) the court's denial of his motion under G.S. § 15--173 for judgment as in case of nonsuit, (2) the court's denial of his motion as in case of nonsuit in respect of the charge of murder in the first degree, and (3) portions of the court's charge to the jury.

The applicable substantive law is well settled and need not be restated. For the elements of murder in the first degree, see State v. Reams, 277 N.C. 391, 401--402, 178 S.E.2d 65, 71 (1970), and cases cited. For the elements of murder in the second degree and of voluntary manslaughter, see State v. Duboise, 279 N.C. 73, 81--82, 181 S.E.2d 393, 398 (1971), and cases cited. For the legal principles applicable to the right of lsef-defense, see State v. Wynn, 278 N.C. 513, 519, 180 S.E.2d 135, 139 (1971), and cases cited. Consideration of the charge shows that Judge Long instructed the jury in substantial accord with our decisions.

The evidence, inclusive of the stipulation and of portions of defendant's written statement of September 12th, was sufficient to support a finding that defendant intentionally shot Wiles and thereby inflicted bullet wounds which proximately caused Wiles's death. If so, Nothing else appearing, defendant would be guilty of murder in the second degree. State v. Duboise, 279 N.C. supra at 81--82, 181 S.E.2d at 398, and cases there cited. Defendant contends that this statement of September 12th discloses that he acted within his legal right of self-defense; and, having offered the statement in evidence, the State is bound by the portions thereof which are favorable to defendant.

On a motion for judgment as in case of nonsuit, the evidence must be considered in the light most favorable to the State. Contradictions and discrepancies, even in the State's evidence, are matters for the jury and do not warrant nonsuit. State v. Murphy, 280 N.C. 1, 7, 184 S.E.2d 845, 849 (1971), and cases cited.

'When the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.' State v. Carter, 254 N.C. 475, 479, 119 S.E.2d 461, 464 (1961), and cases cited. Accord: State v. Gaines, 260 N.C. 228, 232, 132 S.E.2d 485, 487 (1963); State v. Bruton, 264 N.C. 488, 499, 142 S.E.2d 169, 176 (1965). The introduction in evidence by the State of a statement made by defendant which may tend to exculpate him, does not prevent the State from showing that the facts concerning the homicide were different from what the defendant said about them. State v. Cooper, 273 N.C. 51, 57, 159 S.E.2d 305, 309 (1968), and cases cited.

If and when the jury found that defendant intentionally shot Wiles and thereby inflicted bullet wounds which proximately caused his death, it was incumbent on defendant to show to the satisfaction of the jury that he acted in self-defense and that in doing so he used no more force than was or reasonably appeared necessary under the circumstances to protect himself from death or great bodily harm. Standing alone, the facts stated in defendant's statement of September 12th are insufficient to show as a matter of law that defendant was entitled to complete exoneration on the ground of self-defense. Considered in the light most favorable to defendant, these facts were sufficient only to permit the jury to find to its satisfaction that defendant so acted. In any event, when the testimony of Allred, Scales, Huff, Teele and Cherry is considered, the court properly denied defendant's motion for judgment as in case of nonsuit. In this connection, we note that defendant's flight from the scene of the killing was competent for consideration by the jury in connection with other circumstances in passing upon whether defendant was guilty of unlawful homicide but was not admissible to prove premeditation and deliberation. State v. Payne, 213 N.C. 719, 723--724, 197 S.E. 573, 576 (1938), and cases cited.

Having concluded that the facts narrated in defendant's statement of September 12th did not establish as a matter of law that he acted in self-defense, we turn now to consider whether the State's evidence was sufficient to require submission of murder in the first degree as a permissible verdict. The answer to this question requires an analysis of the evidence offered by the State other than defendant's statement of September 12th, with emphasis upon those portions which are in conflict, expressly or impliedly, with defendant's explanatory statement.

Defendant's explanation of the incident in the poolroom when Wiles missed the shot and lost the bet and of his departure from Stadium Drive Lunch and his return is as follows: Wiles got awfully mad and was going to 'jump all over' defendant until Gerrey spoke up and told Wiles he had heard what was going on and asked Wiles to leave defendant alone. Thereupon, Wiles 'jumped on' Gerrey. Then, according to defendant's statement, 'Wiles said, 'If you people don't like what I do, I have got a forty-five and a thirty-two out in the car and I'll just blow your brains out.' Huff and Ted Gerrey heard Bill Wiles say this.' Thereupon, 'the dark-haired man' pushed Wiles out of the door and took him to his car. Defendant then walked up to the front, talking with one Charlie Cryner, and 'was going to ask Harold Huff is he wanted a ride home.' He told Gerrey to come on and he would take him home. Gerrey said that Wiles was going to do what he said. Accompanied by Gerrey, defendant left Stadium Drive Lunch, went by his own home and picked up his shotgun. Defendant and Gerrey returned to the Stadium Drive area, first stopping in front of Stadium Drive Lunch. Scales walked out the front door and defendant asked, 'Is Huff still there?' Whereupon, Scales told him: 'Look out, that fellow is still in there and you had better watch out. You had better not park here.' Defendant then pulled down the street, and stopped on the Kashway parking lot.

The testimony of Scales and of Huff is in sharp conflict with the foregoing explanation of defendant. They testified that they did not hear Wiles say anything about having 'a forty-five or thirty-two in his car' and did not hear him make threats of any kind. Too, they testified explicitly that defendant and Gerrey left Stadium Drive Lunch first and that Wiles was the last customer to leave. Their testimony contains no reference to a departure by Wiles under escort of a 'dark-haired man,' prior to the departure of Cryner, Bolin and Gerrey. Nothing in defendant's explanation indicates that he in fact asked Huff if he wanted a ride home. Huff's testimony was that he planned for Scales to take him home as usual. No testimony of Scales or of Huff indicates that either of them saw defe...

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  • State v. Rook, 2
    • United States
    • United States State Supreme Court of North Carolina
    • November 3, 1981
    ...shown to be false by any other facts or circumstances in evidence, the State is bound by these statements." See also State v. Bolin, 281 N.C. 415, 189 S.E.2d 235 (1972). However, the introduction by the State of an exculpatory statement made by a defendant does not preclude the State from s......
  • State v. Gray
    • United States
    • United States State Supreme Court of North Carolina
    • October 3, 1997
    ...... State v. Bolin, 281 N.C. 415, 425, 189 S.E.2d 235, 242 (1972). He argues that this error was compounded by an argument of the prosecuting attorney in which he told ...114 S.Ct. 2767, 129 L.Ed.2d 881 (1994)). .         The defendant asserts that the evidence showed only that the defendant and victim were ......
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    • United States
    • United States State Supreme Court of North Carolina
    • May 5, 1981
    ...N.C. 644, 235 S.E.2d 178, cert. denied, 434 U.S. 928, 98 S.Ct. 414, 54 L.Ed.2d 288 (1977); State v. Hankerson, supra; State v. Bolin, 281 N.C. 415, 189 S.E.2d 235 (1972); State v. Cooper, 273 N.C. 51, 159 S.E.2d 305 (1968); State v. Bright, 237 N.C. 475, 75 S.E.2d 407 (1953); State v. Brabh......
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    • United States State Supreme Court of North Carolina
    • June 13, 1977
    ...shown to be false by any other facts or circumstances in evidence, the State is bound by these statements." See also State v. Bolin, 281 N.C. 415, 189 S.E.2d 235 (1972). However, the introduction by the State of an exculpatory statement made by a defendant does not preclude the State from s......
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