State v. Harris, 99

Citation281 N.C. 542,189 S.E.2d 249
Decision Date16 June 1972
Docket NumberNo. 99,99
CourtUnited States State Supreme Court of North Carolina
PartiesSTATE of North Carolina v. Willie Jackson HARRIS.

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Plumides & Plumides, by John G. Plumides, Charlotte, for defendant appellant.

MOORE, Justice.

Defendant first assigns as error the refusal of the trial court to quash the bill of indictment for the reason that the grand jury panel and the trial jury panel excluded persons between the ages of eighteen and twenty-one. Defendant did not offer any evidence to show a systematic exclusion from the jury panel of persons falling within this age group. From the record we do not know that they were excluded. State v. Brinson, 277 N.C. 286, 177 S.E.2d 398 (1970); State v. Spencer, 276 N.C. 535, 173 S.E.2d 765 (1970). Assuming however that they were excluded, prior to 21 July 1971, G.S. § 9--3 provided that only those persons twenty-one years of age or over were qualified to serve as jurors. G.S. § 9--3 was amended by the 1971 General Assembly changing the age from twenty-one years of age or over to eighteen years of age or over, effective 21 July 1971. At the time the jury list in question was prepared, the jury commissioners were precluded by the provisions of G.S. § 9--3 from placing the names of any person under twenty-one years of age on the jury list. G.S. § 9--2 required that the jury commissioners 'at least 30 days' prior to 1 January 1972 begin preparation of a new jury list for the ensuing biennium.

The bill of indictment in this case was returned on 7 September 1971. Thus, if there was any discrimination against the age group under twenty-one, it must have resulted from the failure of the jury commissioners to place names representing such group on the jury list during the period from 21 July 1971 to 7 September 1971.

In State v. Cornell, 281 N.C. 20, 187 S.E.2d 768 (1972), Justice Branch, with reference to a similar motion to quash a bill of indictment returned by the grand jury in Forsyth County on 21 September 1971, stated:

'We know of no reasonable method by which the Forsyth County Jury Commission could have obtained a fair cross-section of the age group in question within a period of two months and one day. None of the names of this age group appeared on the voter registration records, very few of such names appeared on the tax lists; a large number of this group would have been in school, and many of them, being still dependent upon their parents, would not have established an independent address.

'The absence from the jury list of the names of persons between the ages of eighteen and twenty-one for the short period of time here complained of (21 July 1971 to 21 September 1971) is not unreasonable, and does not constitute systematic and arbitrary exclusion of this age group from jury service.'

In the present case an even shorter period of time intervened between 21 July 1971 and the date of the indictments. For the reasons stated by Justice Branch in Cornell, this assignment is overruled.

Defendant next assigns as error the denial of his motion for judgment as of nonsuit on the armed robbery charge. Defendant contends that there was no evidence to indicate that a gun was present or used during the time the alleged armed robbery occurred. The record does not sustain this contention. The prosecutrix testified:

'At the time the defendant, Willie Harris, was taking my money from my pocketbook, the gun that I have been describing was sitting on top of the car, he had it up on the top of the roof. We were standing on the outside. The gun was on the roof of the car. I was standing right there. I was standing right there at him in relation to the defendant, Willie Harris. I did not at any time reach for the gun. I have not ever recovered the money that Mr. Harris took.'

G.S. § 14--87 states:

'Robbery with firearms or other dangerous weapons.--Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts to take personal property from another or from any place of business, residence or banking institution or any other place where there is a person or persons in attendance, at any time, either day or night, or who aids or abets any such person or persons in the commission of such crime, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than five nor more than thirty years.'

In the instant case, defendant threatened the prosecutrix with his pistol when he ordered her to get into his car and when he forced her to have intercourse with him. The prosecutrix testified that at all times she was in fear for her life and that although defendant placed his pistol on top of the car while he took her money, the weapon was easily within defendant's reach. The gist of the offense of robbery with firearms is the accomplishment of the robbery by the use or threatened use of firearms or other dangerous weapons whereby the life of a person is endangered or threatened. State v. Swaney, 277 N.C. 602, 178 S.E.2d 399 (1971); State v. Rogers, 273 N.C. 208, 159 S.E.2d 525 (1968); State v. Williams, 265 N.C. 446, 144 S.E.2d 267 (1965). The evidence that defendant had a pistol within easy reach, that he had threatened the prosecutrix with it, and that she was in fear for her life when he took her money, was sufficient to go to the jury on the robbery with firearms charge. This assignment is overruled.

Defendant next contends that the trial court erred when it charged the jury on the issue of armed robbery. This assignment does not challenge the content of the charge; rather defendant contends that there was not sufficient evidence to submit to the jury the issue of armed robbery and that to charge on this offense was error. For the reasons stated above, the trial court was correct in submitting the issue of armed robbery to the jury and in charging the jury on this issue. G.S. § 1A--1, Rule 51.

Finally, the defendant contends that the trial court erred in overruling his objections to the following questions:

'Q. That would be it. What else at this time, Mr. Harris, are you presently under indictment for?

'MR. BELL: Objection.

'COURT: Overruled, exception.

'I'd rather not say.

'Q. Answer the question.

'A. Do I have to answer?

'COURT: Yes.

'I have been indicted for rape. I have been indicted for rape in another case.

'Q. And that was alleged to have occurred on June 16, 1971, wasn't it?

'MR. BELL: Objection.

'COURT: Overruled, exception.

'I wouldn't know the exact date that the bill of indictment that charges me with rape is.

'Q. If I hand you the warrant in the case that was served on you, would it refresh your recollection?

'MR. BELL: Objection.

'COURT: Overruled, exception.

'That is what they have me charged for.

'Q. And you were indicted in that matter for the rape on June 16, 1971, on the body of one Ramona Lisa Spencer, is that not correct?

'MR. BELL: Objection.

'COURT: Overruled, exception.

'I was indicted for the rape on June 16, 1971, on the body of Ramona Lisa Spencer.

'Q. That lady seated out there in the audience today in the red coat in the first row, is that not correct?

'MR. BELL: Objection.

'COURT: Overruled, exception.

'Q. Do you deny raping the woman in the red coat who just stood up in the first row on June 16, 1971?

'A. Yes, I (sic) have.

'EXCEPTION NO. 3.'

The recent case of State v. Williams, 279 N.C. 663, 185 S.E.2d 174 (1971), reversed the long-standing rule as set forth in State v. Maslin, 195 N.C. 537, 143 S.E. 3 (1928), which, for the purpose of impeachment, permitted a defendant testifying as a witness in his own defense to be questioned concerning other indictments against him. In Williams, Chief Justice Bobbitt, speaking for the Court, stated:

'We now hold that, For purposes of impeachment, a witness, including the defendant in a criminal case, may Not be cross-examined as to whether he has been Indicted or is Under indictment for a criminal offense other than that for which he is then on trial. In respect of this point, we overrule State v. Maslin, supra (195 N.C. 537, 143 S.E. 3 (1928)), and decisions in accord with Maslin, on the basic ground that an indictment cannot rightly be considered as more than an unproved accusation.'

Defendant in this case was tried before the decision in Williams. Defendant contends, however, that the rule adopted in Williams should be applied retroactively and that defendant should be granted a new trial for the error committed by the trial court in overruling his objections to questions concerning other indictments. We disagree. The change in the law that resulted from the Williams case was a change in a rule of evidence and affected no contractual or vested right of defendant. Spencer v. McDowell Motor Co., 236 N.C. 239, 72 S.E.2d 598 (1952). The Court merely altered a rule of evidence which it had adopted some forty-four years ago in State v. Maslin, supra. The Court can apply this new rule of evidence prospectively or retroactively as it sees fit. See Rabon v. Rowan Memorial Hospital, 269 N.C. 1, 152 S.E.2d 485 (1967); Mason v. A. E. Nelson Cotton Co., 148 N.C. 492, 62 S.E. 625 (1908); State v. Bell, 136 N.C. 674, 49 S.E. 163 (1904).

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  • State v. Harwood
    • United States
    • North Carolina Court of Appeals
    • August 6, 2013
    ...and (c) the effect on the administration of justice of a retroactive application of the new standards.” State v. Harris, 281 N.C. 542, 550, 189 S.E.2d 249, 254 (1972) (citing Stovall v. Denno, 388 U.S. 293, 297, 87 S.Ct. 1967, 1970, 18 L.Ed.2d 1199, 1203 (1967), overruled in Griffith v. Ken......
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    • North Carolina Supreme Court
    • February 1, 1980
    ...Supreme Court), Conflict of Laws in Time: The Sweep of New Rules in Criminal Law, 1967 Duke L.J. 713. See, e. g., State v. Harris, 281 N.C. 542, 189 S.E.2d 249 (1972) (retroactive application would disrupt the orderly administration of criminal justice); Hill v. Brown, 144 N.C. 117, 56 S.E.......
  • State v. Wiggins
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    • North Carolina Supreme Court
    • July 2, 1993
    ...From this evidence the jury could infer that the life of the victim was threatened by the events taking place. See State v. Harris, 281 N.C. 542, 189 S.E.2d 249 (1972). Thus, there was sufficient evidence to support defendant's conviction for robbery with a dangerous weapon. In regard to th......
  • State v. Martin, 797SC922
    • United States
    • North Carolina Court of Appeals
    • June 17, 1980
    ... ...         The gist of the offense of robbery with firearms defined by G.S. 14-87 is the accomplishment of the robbery by the use or threatened use of firearms or other dangerous weapons whereby the life of a person is endangered or threatened. State v. Harris, 281 N.C. 542, 189 S.E.2d 249 (1972); State v. Ballard, 280 N.C. 479, 186 S.E.2d 372 (1972). In the present case the State's witness, Wells, testified that he offered his wallet ... containing the money when he saw defendant's shotgun pointed at his chest. Although defendant told Wells "I don't ... ...
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