State v. Fearing

• Citation: 269 S.E.2d 245,48 N.C.App. 329
• Decision Date: 19 August 1980
• Docket Number: No. 791SC1197,791SC1197
• Parties: STATE of North Carolina v. Charles Silsby FEARING.
• Court: North Carolina Court of Appeals

Page 245

269 S.E.2d 245

48 N.C.App. 329

STATE of North Carolina v. Charles Silsby FEARING.

No. 791SC1197.

Court of Appeals of North Carolina.

Aug. 19, 1980.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Elizabeth C. Bunting, Raleigh, for the State.

Charles Aycock, III, Manteo, and Stewart & Hayes by David K. Stewart, Dunn, and Brenton D. Adams, Raleigh, for defendant-appellant.

MORRIS, Chief Judge.

By assignments of error Nos. 15 and 38, defendant contends that the court improperly denied his motion to dismiss the charge of leaving the scene of an accident.

In determining the sufficiency of the evidence to go to the jury, all of the evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable inference deducible therefrom. State v. Lee, 294 N.C. 299, 240 S.E.2d 449 (1978). When so viewed, that evidence must be sufficient to permit a rational trier of fact to find guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

G.S. 20-166(a), upon which defendant was charged and convicted, provides The driver of any vehicle involved in an accident or collision resulting in injury or death to any person shall immediately stop such vehicle at the scene of such accident or collision, and any person violating this provision shall upon conviction be punished as provided in G.S. 20-182 (providing for punishment of from one to five years in prison and for fine of not less than $500.00, or both, with automatic revocation of defendant's operator's license).

The general purpose of this statute is to facilitate investigation of automobile accidents and to assure immediate aid to anyone injured by such collision. State v. Smith, 264 N.C. 575, 142 S.E.2d 149 (1965). A driver violates this section if he does not stop immediately at the scene of the accident. State v. Norris, 26 N.C.App. 259, 215 S.E.2d 875, appeal dismissed, 288 N.C. 249, 217 S.E.2d 673 (1975), cert. denied, 423 U.S. 1073, 96 S.Ct. 856, 47 L.Ed.2d 83 (1976). Furthermore, the absence of fault on the part of the driver is not a defense to the charge of failing to stop at the scene of an accident. State v. Smith, supra.

To support a verdict of guilty under G.S. 20-166(a), the State must prove that defendant was driving the automobile involved in the accident at the time it occurred; that the vehicle defendant was driving came into contact with another person resulting in injury or death; and that defendant, knowing he had struck the victim, failed to stop immediately at the scene. State v. Overman, 257 N.C. 464, 125 S.E.2d 920 (1962). Knowledge of the driver that his vehicle has been involved in an accident resulting in injury to a person is an essential element of this offense. State v. Glover, 270 N.C. 319, 154 S.E.2d 305 (1967); State v. Ray, 229 N.C. 40, 47 S.E.2d 494 (1948).

In the present case, defendant argues that there was no evidence which showed that he had knowledge that he had been involved in an accident resulting in injury or death to some person. We disagree. Without further detailing the evidence submitted at trial, we find that the evidence showed that defendant was aware of the tremendous damage to his vehicle resulting from something coming into contact with his automobile on the highway; that the damage to the automobile indicated that whatever defendant hit came into contact with his automobile at three points, and that when the windshield "exploded" the inside dashboard of the automobile was smashed. These facts, in addition to the circumstances surrounding defendant's statements and actions after the accident, support a reasonable inference that defendant knew he had been involved in an accident resulting in injury to a person, notwithstanding the fact that there may also be reasonable inferences to the contrary. See State v. Glover, supra; State v. Smith, 40 N.C.App. 72, 252 S.E.2d 535 (1979).

Defendant's contention that certain exculpatory statements made by him to officers, that he had no knowledge that he had hit another person, compel the granting of his motion to dismiss, is without merit. Although a defendant's exculpatory statements which exonerate a defendant, if offered by the State and not contradicted by other evidence, ordinarily compel nonsuit, State v. Ray, supra, the defendant's statement does not prevent the State from showing that the facts and circumstances were different. State v. Freeman, 31 N.C.App. 93, 228 S.E.2d 516, cert. denied, 291 N.C. 449, 230 S.E.2d 766 (1976); State v. Glover, supra. Here, the State offered plenary evidence to contradict defendant's statement that he had no knowledge, and to permit, although not compel, a jury to find that he did have such knowledge. Defendant's motion to dismiss the charge under G.S. 20-166(a) was, therefore, properly denied. By so holding, we also overrule defendant's thirty-ninth assignment of error that the court erred by failing to charge the jury on the effect of exculpatory statements made by the defendant which were offered by the State.

Defendant next argues that the trial court should have dismissed the charge of death by vehicle under G.S. 20-141.4 because according to defendant, there was no evidence which showed that defendant violated the statute cited in the indictment, or any other law, which would constitute the proximate cause of Cloise Creef's death. The indictment of death by vehicle returned against defendant charged that he violated G.S. 20-174(e) in that he operated his automobile "without exercising due care to avoid colliding with a pedestrian upon the roadway, without giving warning by sounding horn when necessary, and without exercising proper precaution upon observing a confused and incapacitated person upon such roadway . . . ." This section is an adoption of the rule at common law that "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway." Lewis v. Watson, 229 N.C. 20, 26, 47 S.E.2d 484, 488 (1948).

Under G.S. 20-174(e), a motorist has the duty, which is applicable to all motorists generally, to operate his vehicle at a reasonable rate of speed, keep a lookout for persons on or near the...