State v. Hinson

• Decision Date: 02 February 1984
• Docket Number: No. 657A82,657A82
• Citation: 310 N.C. 245,311 S.E.2d 256
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Anne Speight HINSON.

Page 256

311 S.E.2d 256

310 N.C. 245

STATE of North Carolina v. Anne Speight HINSON.

No. 657A82.

Supreme Court of North Carolina.

Feb. 2, 1984.

Rufus L. Edmisten, Atty. Gen. by Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State.

Donald M. Dawkins, Rockingham, for defendant-appellant.

FRYE, Justice.

Defendant was convicted of the 12 February 1982 murder of David Floyd Hinson. The victim was the defendant's husband. David Hinson's body was discovered in his pickup truck at approximately 10:30 p.m. on 12 February 1982. An investigation of the scene disclosed the following physical evidence: Two shotgun waddings were discovered near the body. There was a large hole in the rear window of the truck. There were "gouge" marks in the dirt shoulder of the road behind the truck. The victim appeared to have been shot in the back with a shotgun.

Beginning on 18 February and continuing until 16 July, the defendant gave numerous statements to law enforcement officers. Each of these statements was given either with the acquiescence or in the presence of her attorney. Details of the events preceding the murder unfolded with each statement. To summarize briefly, it appears that the defendant and a co-worker, Fred Barfield, were next door neighbors, living in the Town of Wagram in Scotland County. They became lovers. Barfield was acquainted with Jack McIntyre. McIntyre was from Hartsville, South Carolina, but had resided for some time at a prison camp at Wagram. Barfield and the defendant determined to kill the defendant's husband. They enlisted the help of McIntyre. In defendant's words, the following took place.

Sometime in June 1981, Fred call Jack McIntyre and ask him if he could do him a favor. He then discuss the killing of David. Fred talk with him on several occasion about this. In Sept. Fred got Jack gun and started to practice at the garden. Fred was going to do it himself (to kill David). I told him (Fred) that he couldn't do that.

In Dec. things got worst. Fred call Jack and made plans for he and I to meet him in Bennetvill, S.C. we did and Jack said that he would have to have $25,000. That I could give it to him in 3 months. The money was for the killing of David.

In Jan. I talk to Jack on the phone. Fred gave me a number to call him in Laurinburg. He ask me how were things going and I told him worst. He told me about the money and I told him that I didn't have it and he said, he would get it later.

In Jan. I pick up Fred at the mill and we made a dry run. We left J.P. Stevens to turn at Creeds lake road and then to Lee's Mill Rd. and then turn to Highland Rd. Because Fred suppose to do it himself (to kill David). He couldn't because I told him not to. He then in turn call Jack again and so then made the plans. On Feb. 11, Fred call me and said that I would have to ride for the purpose of not taking.

I told Fred not to do it because they put him in prison. And we had to close of a friend-ship.

On Thur. (Feb. 11) night Fred call me at 10:15 p.m. and said that I would have to ride and so for me to pick him up at 9:30 p.m. (on Fri). I left the house at 9:30 p.m., pick him up (at J.P. Stevens) and when to Creeds pond and pick Jack up. I got in the back seat, Fred drove, Jack got out of his El Camaro and put the S.C. license plate on my car. I don't know who put the plates on, but the S.C. plate belong to Fred, which he had bought a red Cadillac from S.C. Both were at the trunk of my car. Fred then drove to Lee's Mill Rd. turn on Highland Rd. Jack get the gun out of his car and carry in to my car, along with the blue light. Fred drove down Highland road and didn't meet David so he turn around and drove some distance, when he met him (David) Fred turn around and follow him (David) and pull him (David) over and Jack got out and shot him. The blue light was cut on. I did not see who cut it on. We then turn around and went the same direction. We turn down Lee Mill Rd. Jack throw the shell out just before the creek, then we turn to Creeds pond road and Jack throw the gun in the Creeds pond. After throwing the gun out Fred drove Jack to his car and took off the license plate. Jack cared the blue light with him. I in turn took Fred back to the plant. Fred cared the plates with him. He told me to call him when I got home....

The reason that Fred and I had to ride, because we didn't have any up front money, and Jack said that we had to go so to keep the money in line. He (Jack) also told me that if I didn't pay. He would be looking for me. Sometime at 9:55 p.m. on Fri. Feb. 12, Jack shot David. Jack got out of the car and walk to the back of the truck and shot David.

Pursuant to a warrant, a search of Barfield's premises was conducted where law enforcement authorities discovered a South Carolina license plate in a garbage can behind the house. Based on information provided by the defendant, a shotgun was found in Creed's Pond where she indicated the murder weapon had been thrown. However, the mainspring of the shotgun was broken and no connection between the shotgun pellets in the victim's body or the wadding found beside the body could be made to the gun. To further corroborate defendant's statements, testimony at trial revealed that several long distance phone calls had been made from the defendant's residence to McIntyre's residence in Hartsville, South Carolina.

Defendant testified on her own behalf at trial. She repudiated all statements made prior to trial, denied being present at the scene of the crime, and offered the testimony of her two daughters as alibi witnesses.

Defendant's sixty-seven assignments of error, many of which have been expressly abandoned, fall into numerous broad categories which include rulings on pre-trial motions; rulings made during the jury selection process; rulings during trial as to certain evidentiary matters; rulings related to the admissibility of defendant's numerous pre-trial statements; issues concerning jury argument; rulings related to requests for instructions; and rulings on post verdict motions. Upon a searching review of the record and trial transcript and careful consideration of those assignments of error brought forward and argued, we conclude that the defendant received a fair trial free of prejudicial error.

I. RULINGS ON PRE-TRIAL MOTIONS

Defendant first assigns as error the trial court's failure to dismiss the indictment for murder in the first degree, arguing that the indictment did not adequately inform her of the facts and material elements of the offense charged. The indictment charged that:

Anne Speight Hinson late of the County of Scotland on the 12th day of February 1982, with force and arms, at and in the said County, feloniously, wilfully, and of his malice aforethought, did kill and murder David Floyd Hinson contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.

The indictment appears in the form approved by G.S. § 15-144 and is in all respects proper. State v. May, 292 N.C. 644, 235 S.E.2d 178, cert. denied, 434 U.S. 928, 98 S.Ct. 414, 54 L.Ed.2d 288 (1977).

Prior to trial, defendant filed motions requesting "an Order declaring that this case ... be tried as a non-capital felony," and "that death qualification voir dire questions not be allowed as being unconstitutional ...." The trial judge denied the motions.

With respect to defendant's first motion, G.S. § 14-17 provides:

A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000. (Emphasis added).

Thus, without more, all first degree murder cases are properly tried as capital cases.

With respect to defendant's second motion, we have repeatedly rejected the argument that a bifurcated trial in capital cases, requiring the jury to be "death qualified," results in a "guilt prone" jury, thereby denying a defendant the right to trial by an impartial jury. See State v. Warren, 309 N.C. 224, 306 S.E.2d 446 (1983); State v. Franklin, 308 N.C. 682, 304 S.E.2d 579 (1983); State v. Hill, 308 N.C. 382, 302 S.E.2d 202 (1983). Defendant here offers neither evidence nor argument to require reconsideration of the well-established principles and concomitant reasoning set forth in the above cited cases. The motion was properly denied.

II. RULINGS DURING JURY SELECTION PROCESS

Under three separate assignments of error, defendant challenges the propriety of certain comments made by the prosecutor during the jury selection process. She variously describes the prosecutor's conduct as "showy," theatrical, and unfair. Specifically, defendant objects to the prosecutor's comment respecting the first full jury panel, to wit: "I like these jurors, Your Honor." Secondly, during jury selection, an alternate juror indicated that although she believed the death penalty necessary, it was "not something [she] could do." The prosecutor responded, "You think it's necessary, but you just don't have backbone to do it, is that what you are saying?" He then thanked the juror for her "honesty," because it "save[d] the Clerk a lot of work." The Clerk of Court was in the process of determining when the juror had previously served. Finally, defendant objects to an incident which took place during the questioning of a juror who was later peremptorily excused by the defendant. The prosecutor elicited from this juror the fact that she had written a paper on capital punishment and later questioned the juror concerning...