State v. Gammons, 652
| Decision Date | 11 January 1963 |
| Docket Number | No. 652,652 |
| Citation | 128 S.E.2d 860,258 N.C. 522 |
| Parties | STATE, v. William Ed GAMMONS. |
| Court | North Carolina Supreme Court |
T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for the State.
Blalock & Swanson, Pilot Mountain, for defendant.
The appellant made a motion for judgment as of nonsuit when the State rested. The motion was denied. The defendant thereafter offered evidence and the State offered additional evidence in rebuttal. The defendant did not renew his motion for judgment as of nonsuit and, therefore, does not contend on this appeal that the State's evidence was not sufficient to take the case to the jury.
The defendant assigns as error the admission over objection by the defendant of the testimony of Caroleta Garner, a witness for the State, to the effect that approximately two years before the trial of this case she was in the home of the defendant in the basement bedroom; that she was a member of the defendant's church at the time and that the defendant told her if she didn't let him do what he wanted to, that she was going to be deathly sick and that something terrible was going to happen to her, and that she let him have sexual intercourse with her.
'* * * (W)here the nature of the offense is such that proof of its commission as charged carries with it an implication or presumption of criminal intent, evidence of the perpetration or attempted perpetration of other like offenses is inadmissible ' State v. Beam, 184 N.C. 730, 115 S.E. 176.
In North Carolina Law of Evidence by Stansbury, section 91, it is said:
In State v. Graham, 121 N.C. 623, 28 S.E. 409, this Court said: 'Evidence of a distinct, substantive offense cannot be admitted in support of another offense, as a general rule. * * *
'It is when the...
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State Carolina v. Gray
...action that evidence of the collateral offense will be heard to prove the intent of the offense charged.’ ” State v. Gammons, 258 N.C. 522, 524, 128 S.E.2d 860, 862 (1963), overruled on other grounds, State v. Hunt, 283 N.C. 617, 197 S.E.2d 513 (1973) (citation omitted).V. Furthermore, even......
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State v. Woods, 13
...it. State v. Vance, 277 N.C. 345, 177 S.E.2d 389 (1970); State v. Leach, 263 N.C. 242, 139 S.E.2d 257 (1964); State v. Gammons, 258 N.C. 522, 128 S.E.2d 860 (1963); State v. Spencer, 256 N.C. 487, 124 S.E.2d 175 'In State v. Hunt, Supra, we held 'that reason and authority support a differen......
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Gasque v. State, 658
...competent as corroborative evidence, and this may be shown by the witness himself.' Appellant in his brief relies upon State v. Gammons, 258 N.C. 522, 128 S.E.2d 860. That case is not in point because the factual situation is entirely different. In that case the original record on file in t......
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State v. Treadaway
...and distinctive as to be like a signature, or (4) propensity because victims were different, or (5) corroboration); State v. Gammons, 258 N.C. 522, 128 S.E.2d 860 (1963), overruled on other grounds, State v. Hunt, 283 N.C. 617, 197 S.E.2d 513 (1973), (admission, for purpose of showing inten......