State v. Dowd
| Citation | 220 S.E.2d 393,28 N.C.App. 32 |
| Decision Date | 17 December 1975 |
| Docket Number | No. 755SC668,755SC668 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. David DOWD. |
Atty. Gen. Rufus L. Edmisten by Associate Atty. Cynthia Jean Zeliff, Raleigh, for the State.
Charles E. Sweeny, Jr., Wilmington, for defendant-appellant.
The defendant contends by his first assignment of error that he was prejudiced because of the trial judge's remarks made during defense counsel's questioning of prospective jurors. The court stated that one of the defense counsel's questions was not accurate, and then proceeded to correct the error.
The defendant cited State v. Holden, 280 N.C. 426, 185 S.E.2d 889 (1972), which states that remarks by the judge which tend to belittle counsel or which suggest that counsel is not acting in good faith, may cause the jury to disbelieve all evidence adduced in defendant's behalf. The judge in that instance had told the defense counsel to ask proper questions. The Supreme Court stated that this remark was indiscreet and improper, but that the totality of circumstances showed that it was harmless error.
The defendant contends that the judge's comment affected the jury, citing the incident of juror Delag's request to be excused from jury duty. Ms. Delag stated that she thought some of the defense counsel's questions were unnecessary. The record indicates that the juror's request was not prompted by the judge's remarks.
The trial judge is empowered and authorized to regulate and referee the selection of the jury to the end that both defendant and the State receive the benefit of a trial by a fair and impartial jury. State v. Vinson, 287 N.C. 326, 215 S.E.2d 60 (1975). Counsel for defendant posed a question to the jury containing an inadequate statement of law and it was the court's duty to make a correction. Counsel's questions should be limited to material and relevant matters relating to the qualification or disqualification of the jurors. They should not anticipate the instructions of the court and demand reaction thereto.
In State v. Vinson, supra, Justice Huskins, speaking for the Court, stated
This assignment of error is overruled.
Defendant next assigns error to the admission into evidence of statements which defendant made to Officer Simpson. After conducting a voir dire hearing, the trial court concluded that 'At the time the defendant made such statements, if any, as were made to Officer Simpson, he did so freely, voluntarily, knowingly and understandingly.' The record reveals that competent evidence supported these findings, and they in turn supported the court's conclusions. This assignment of error is overruled.
Defendant assigns as error the failure of the court to allow his timely made motions for nonsuit.
In considering a trial court's denial of a motion for judgment of nonsuit, the evidence for the State, considered in the light most favorable to it, is deemed to be true and inconsistencies or contradictions therein are disregarded. Evidence of the defendant which is favorable to the State is considered, but his evidence in conflict with that of the State is not considered upon such motion. State v. Price, 280 N.C. 154, 184 S.E.2d 866 (1971). The question for the court is whether, when the evidence is so considered, there is reasonable basis upon which the jury might find that an offense charged in the indictment...
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Lyons v. Lee, 1:00CV00108.
...or are present for such purpose to the knowledge of the actual perpetrator, are principals and equally guilty. State v. Dowd, 28 N.C.App. 32, 220 S.E.2d 393 (1975). The MAR court found as a fact With regard to the Stratford Road incident, the evidence presented at the murder trial indicates......
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State v. Reid
...or some subsequent step in direct movement towards the commission of the offense after preparations are made." State v. Dowd, 28 N.C.App. 32, 37, 220 S.E.2d 393, 396 (1975); see United States v. Mandujano, 499 F.2d 370, 374 (5th Cir.1974); Dressler, Understanding Criminal Law at Another tes......
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State v. Owens
...charged in the indictment has been committed and the defendant was a principal in the commission of the crime." State v. Dowd, 28 N.C.App. 32, 37, 220 S.E.2d 393, 396 (1975). McClain first contends that his motion to dismiss should have been granted because the evidence did not warrant subm......
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State v. Rushing
...crime and an overt act which in the ordinary and likely course of events would result in the commission of the crime. State v. Dowd, 28 N.C.App. 32, 220 S.E.2d 393 (1975). An attempt is an act done with the specific intent to commit a crime. Id. Thus, in order to carry its burden, it was ne......
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§ 27.06 ACTUS REUS OF CRIMINAL ATTEMPTS
...stop at any moment." Only when she engages in the last act does she "cease[] to be guided by her reason and will."[103] . State v. Dowd, 220 S.E.2d 393, 396 (N.C. Ct. App. 1975) (emphasis added); see State v. Reid, 679 S.E.2d 194 (S.C. Ct. App. 2009) (affirming conviction of R for attempted......
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§ 27.06 Actus Reus of Criminal Attempts
...to stop at any moment." Only when she engages in the last act does she "cease[] to be guided by her reason and will."[103] State v. Dowd, 220 S.E.2d 393, 396 (N.C. Ct. App. 1975) (emphasis added); see State v. Reid, 679 S.E.2d 194 (S.C. Ct. App. 2009) (affirming conviction of R for attempte......
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TABLE OF CASES
...State v., 834 A.2d 253, 411 Doody, State v., 434 A.2d 523 (Me. 1981), 444 Dorador v. State, 573 P.2d 839 (Wyo. 1978), 133 Dowd, State v., 220 S.E.2d 393 (N.C. Ct. App. 1975), 373 Downey, State v., 476 N.E.2d 121 (Ind. 1985), 44 Doyon, State v., 416 A.2d 130 (R.I. 1980), 346 Drake v. State, ......