State v. Hicks
| Decision Date | 07 August 1974 |
| Docket Number | No. 745SC334,745SC334 |
| Citation | 207 S.E.2d 318,22 N.C.App. 554 |
| Parties | STATE of North Carolina v. Mollie HICKS. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Robert Morgan by R. Bruce White, Jr., Deputy Atty. Gen., and Alfred N. Salley, Asst. Atty. Gen., Raleigh, for the State.
John h. Harmon, New Bern, for defendant appellant.
Defendant contends that his motion for nonsuit should have been allowed. To take the case to the jury, the State was required to offer evidence tending to show:
'(1) that the principal felon had actually committed the felony .. .; (2) that the accused knew that such felony had been committed by the principal felon; and (3) that the accused received, relieved, comforted, or assisted the principal felon in some way in order to help him escape, or to hinder his arrest, trial, or punishment.' State v. Williams, 229 N.C. 348, 49 S.E.2d 617.
Merely concealing knowledge regarding the commission of a crime or falsifying such knowledge does not cause a person to become an accessory after the fact.
'Where, however, the concealment of knowledge of the fact that a crime has been committed, or the giving of false testimony as to the facts is made for the purpose of giving some advantage to the perpetrator of the crime, not on account of fear, and for the fact of the advantage to the accused, the person rendering such aid is an accessory after the fact.' State v. Potter, 221 N.C. 153, 19 S.E.2d 257.
We hold that the evidence was sufficient to take the case to the jury. Defendant concedes that the State met its burden regarding proof that the felony, namely involuntary manslaughter, was committed. The felon, Nixon, told defendant that he had shot Wright while playing with the gun. There is evidence that defendant deliberately aided, comforted and encouraged Nixon in his effort to avoid detection as the killer.
On several occasions defendant successfully discouraged the felon from admitting his guilt, an admission which would have, of course, resulted in his arrest. Defendant successfully encouraged the felon to lie to those charged with the investigation of the crime so as to divert suspicion from himself and avoid detection. When questioned by investigating officers defendant concealed her knowledge that Nixon had shot and killed Wright. To divert suspicion from the real killer, she attempted to lay down a false trail for the officers to follow by telling Officer...
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Butler v. United States
...be viewed by a reasonable jury as aid designed to hinder Belfield's apprehension, trial or punishment. See State v. Hicks, 22 N.C.App. 554, 557-58, 207 S.E.2d 318, 320-21 (1974) (giving false testimony for purpose of helping principal supports accessory charge) (quoting State v. Potter, 221......
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State v. Ditenhafer
...cause a person to become an accessory after the fact," State v. Ditenhafer , 812 S.E.2d 896, 906 (2018) (quoting State v. Hicks , 22 N.C. App. 554, 557, 207 S.E.2d 318, 320 cert. denied , 285 N.C. 761, 209 S.E.2d 286 (1974) ), this analysis overlooks our subsequent statement that, "[w]here ......
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State v. Ditenhafer
...Id. at 154–55, 19 S.E.2d at 258. Subsequent cases similarly criminalize only such active conduct. See, e.g., State v. Hicks , 22 N.C. App. 554, 557, 207 S.E.2d 318, 320 ("Merely concealing knowledge regarding the commission of a crime or falsifying such knowledge does not cause a person to ......
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State v. Hicks
...Asst.Atty.Gen., for the State. Petition for writ of certiorari by defendant to review the decision of the Court of Appeals, 22 N.C.App. 554, 207 S.E.2d 318. ...