State v. Brooks, 74
Decision Date | 18 September 1963 |
Docket Number | No. 74,74 |
Citation | 260 N.C. 186,132 S.E.2d 354 |
Parties | STATE, v. James Edward BROOKS. |
Court | North Carolina Supreme Court |
Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Richard T. Sanders, for the state.
George Pennell and Dailey & Harrell, Asheville, for defendant-appellant.
The evidence, taken in the light most favorable to the State, was sufficient to support a finding that the defendant was handling the gun in a culpably negligent manner at the time it fired and killed Jones. State v. Trollinger, 162 N.C. 618, 77 S.E. 957; State v. Kluckhohn, 243 N.C. 306, 90 S.E.2d 768. Any careless and reckless use of a loaded gun which jeopardizes the safety of another is unlawful, and if death results therefrom it is an unlawful homicide. State v. Turnage, 138 N.C. 566, 49 S.E. 913; State v. Hovis, 233 N.C. 359, 64 S.E.2d 564. For the most recent discussion of this rule of law see the opinion of Parker, J. in State v. Foust, 258 N.C. 453, 128 S.E.2d 889. Defendant's motion for nonsuit was properly overruled.
Defendant contends that he is entitled to a new trial because the court permitted the State to introduce in evidence, over his objection, the signed statement made by Uddyback to the police on January 17, 1963 for the purpose of corroborating his testimony. He argues that this written statement was not, in fact, corroborative. Pertinent portions of the statement follow:
left near the door when the gun went off. Jones fell on his left side and rolled over.
coat. Brooks told Sonny James Clark to go and call an ambulance, which Clark did.
Defendant's objection and motion to strike were directed to the entire statement.
Although not requested to do so, at the time this statement was admitted, the court instructed the jury that it was offered only for the purpose of corroborating Uddyback if the jury should find that it did corroborate him.
If a prior statement of a witness, offered in corroboration of his testimony at the trial, contains additional evidence going beyond his testimony, the State is not entitled to introduce this 'new' evidence under a claim of corroboration. Neither may the State impeach or discredit its own witness by introducing his prior contradictory statements under the guise of corroboration. State v. Bagley, 229 N.C. 723, 51 S.E.2d 298; State v. Melvin, 194 N.C. 394, 139 S.E. 762; State v. Scoggins, 225 N.C. 71, 33 S.E.2d 473. However, if the previous statements offered in corroboration are generally consistent with the witness' testimony, slight variations between them will not render the statements inadmissible. Such variations affect only the credibility of the evidence which is always for the jury. State v. Case, 253 N.C. 130, 116 S.E.2d 429; State v. Walker, 226 N.C. 458, 38 S.E.id 531; State v. Scoggins, supra.
We perceive no substantial variance between the signed statement Uddyback gave the police in January and his testimony at the trial in March. No part of the written statement contradicted his testimony at the trial. Portions of it are not identical but, be that as it may, defendant made no motion to strike or exclude any specific part of the statement.
Where portions of a document are competent as corroborating evidence and other parts incompetent, it is the duty of the party objecting to the evidence to point out the objectionable portions. Objections to evidence en masse will not ordinarily be sustained if any part is competent. State v. Litteral, 227 N.C. 527, 43 S.E.2d 84; State v. Wilson, 176...
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State v. Moore, 4
...consistent statement contains additional or contradictory evidence, it should not be allowed. State v. Madden, supra; State v. Brooks, 260 N.C. 186, 132 S.E.2d 354 (1963). Defendant claims that since Ms. Pettit's testimony referred to the person who shot Mr. Miller as a female, it contained......
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State v. Britt
...call to the attention of the trial court the objectionable part. State v. Tinsley,283 N.C. 564, 196 S.E.2d 746 (1973); State v. Brooks, 260 N.C. 186, 132 S.E.2d 354 (1963). Applying these principles to the evidence in this case, we hold that it was not prejudicial error to overrule defendan......
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State v. Ramey, 105A86
...be admitted as corroborative evidence. E.g., State v. Moore, 301 N.C. 262, 274, 271 S.E.2d 242, 249-50 (1980); State v. Brooks, 260 N.C. 186, 189, 132 S.E.2d 354, 357 (1963). However, the witness's prior statements as to facts not referred to in his trial testimony and not tending to add we......
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State v. Madden
...Woods were not to be considered by them in their deliberations. As stated by Justice Sharp, now Chief Justice, in State v. Brooks, 260 N.C. 186, 132 S.E.2d 354 (1963): 'If a prior statement of a witness, offered in corroboration of his testimony at the trial, contains additional evidence go......