State v. Feaganes, 672
| Decision Date | 13 December 1967 |
| Docket Number | No. 672,672 |
| Citation | 158 S.E.2d 89,272 N.C. 246 |
| Parties | STATE, v. David S. FEAGANES. |
| Court | North Carolina Supreme Court |
Cahoon & Swisher, by Robert S. Cahoon, Greensboro, for defendant appellant.
T. W. Bruton, Atty. Gen., and James F. Bullock, Deputy Atty. Gen., for the State.
The defendant refers to thirty-nine assignments of error and eighty-three exceptions in his brief. However, no argument or citation is presented in support of many of them; and under Rule 28, Rules of Practice in the Supreme Court, they are deemed abandoned.
The first exception presented is that the witness Rosetta Ireland was permitted over the defendant's objection to testify that as the defendant and the deceased were leaving the room she told Beal's wife 'come and stop them; they're going to fight.' This was 'a declaration uttered simultaneously, or almost simultaneously, with the occurrence of the act' and is competent as a part of the Res gestae. Staley v. Royal Pines Park, 202 N.C. 155, 162 S.E. 202.
The evidence showed that Feaganes had been a Special Agent with Internal Revenue and that he was then an Estate Tax Examiner. The State was permitted to show over the objection of the defendant that he was not permitted or required to carry a gun in the performance of his duties. In this, there was no error.
The defendant excepted to the identification of several photographs of the body of the deceased which showed the location of the wounds on his body, and later to the fact that they were permitted to be shown to the jury. The record does not show that these photographs were offered as exhibits, but we find the defendant's exception in this regard without merit since the Court instructed the jury: '(Y)ou will consider these photographs for the purpose of illustrating the testimony of the witness, if you find they do illustrate his testimony, and for that purpose only.' This instruction is in accord with the rule stated in State v. Perry, 212 N.C. 533, 193 S.E. 727.
The defendant further excepts to the evidence of Dr. Allan B. Coggeshall, the County Medical Examiner, who was stipulated to be a medical expert. He testified, in summary, that he examined the body of the deceased, described the wounds he found and gave it as his opinion that the wounds could have been caused by a bullet. These exceptions are without merit. State v. Knight, 247 N.C. 754, 102 S.E.2d 259; State v. Mays, 225 N.C. 486, 35 S.E.2d 494.
The defendant took fifty-nine exceptions to the charge of the Court, making twenty-eight assignments of error. Considering the charge as a whole, we find that it is free from substantial error. It is a standard charge dealing with the subjects of murder in the second degree, manslaughter, self-defense, fighting willingly, malice, and contains a satisfactory recapitulation of the evidence and the contentions of the parties.
The defendant has...
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State v. Covington
...fatal blow to Mr. Cook was also admissible as a part of the Res gestae. State v. Burleson, supra; State v. Goines, supra; State v. Feaganes, 272 N.C. 246, 158 S.E.2d 89. Defendant's assignment of error number 26 is deemed abandoned since he brings forward no argument or citation of authorit......
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...v. Lampkins, 286 N.C. 497, 506, 212 S.E.2d 106, 111 (1975); State v. Goines, 273 N.C. 509, 160 S.E.2d 469 (1968); State v. Feaganes, 272 N.C. 246, 158 S.E.2d 89 (1967). See also 3 Strong, N.C.Index 2d, Criminal Law § 113 (1967). In any event, this misstatement is of little consequence since......
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