State v. Huggins, 339
| Decision Date | 29 March 1967 |
| Docket Number | No. 339,339 |
| Citation | 269 N.C. 752,153 S.E.2d 475 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Amy HUGGINS. |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. James F. Bullock for the state.
Turner & Harrison, by Fred W. Harrison, Kinston, for defendant appellant.
The State's evidence, in brief summary, tends to show the following facts: Geraldine Hill and the defendant Amy Huggins had been having trouble for some time as the result of defendant's dating Geraldine Hill's husband. On 5 October 1965 Geraldine Hill and her husband were not living together. On 5 October 1965 defendant was a widow. Between 9:30 and 10 p.m. on 5 October 1965 Geraldine Hill went to defendant's home in an automobile driven by her sister, Paulette White. Geraldine got out of the automobile, went up on the porch of defendant's home, and knocked at the door. Defendant inside of the house lifted the shade at the window, saw it was Geraldine, and pulled the shade down. She saw her husband run across the floor inside the house, because the shade was flopping where defendant had 'slammed it down.' Defendant said, 'It's your g.. d..... wife.' After that Geraldine's husband came to the door, opened it, and they were standing in the door talking. Defendant walked up to the door, stuck a rifle in Geraldine's ribs and pulled the trigger, saying, 'I told you I would shoot your g.. d..... wife.' Defendant slammed the door, and Geraldine fell on the porch. Before she was shot, Geraldine and defendant did not speak to each other. Geraldine's husband and her sister got her in her sister's automobile, which was driven to the hospital. Geraldine was unconscious when she was carried into the hospital. The bullet from the rifle passed through her body. She was in the hospital eleven days.
The State's evidence further tends to show that about four years before 5 October 1965 defendant came to Geraldine Hill's home and said to Geraldine, 'I will kill you before I let you tell my husband what I am doing.' That was when defendant's second husband was living.
Paulette White, Geraldine's sister, testified in substance: Geraldine's husband came out on the porch, took Geraldine's arm, and said, 'Let's go.' Geraldine said: 'I want that * * * to tell me now that she is not going with my husband.' We that omitted the vile name that Geraldine called defendant.
Defendant's evidence tended to show the following facts: She and Geraldine Hill were raised near each other, and they had known each other all their lives. They had always disliked each other. She had not dated Geraldine's husband over a half a dozen times. When Amy Huggins came home the night of 5 October 1965, Geraldine's husband and one Mary Jennings were there. She went into the bathroom and took a bath. After that she was watching television. About 9 p.m. Geraldine Hill came to her house and was knocking at the door. She went to the door, pulled the curtain back, and saw Geraldine standing on the porch. She went to her bedroom to telephone the police department, because she had a warrant out for Geraldine's arrest. About a month before, Geraldine had trespassed upon her property, and committed property damage. Before she was able to get the police over the telephone, Geraldine came into her house. Geraldine got half way through her living room, screaming at her, pointing her finger at her, and calling her a 'black-headed b.....' Geraldine was coming at her just as fast as she could, and she had no place to go. She grabbed her rifle and shot her. She did not mean to shoot her; she meant to get Geraldine and her husband out of her house. She wanted Geraldine and her husband to leave, and she was screaming, 'Get out, get out,' and they were not trying to get out, and the rifle went off. Geraldine fell to the floor. Geraldine had got within a few feet of her in a threatening...
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State v. Duke
...N.C. at 495, 380 S.E.2d at 97; see also State v. Allen, 301 N.C. 489, 497, 272 S.E.2d 116, 121 (1980); State v. Huggins, 269 N.C. 752, 754-55, 153 S.E.2d 475, 477 (1967) (per curiam). This Court noted in The [confession] instruction should not be given in cases in which the defendant has ma......
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State v. Hutchins
...it is established that the use of the phrase "tends to show" does not amount to an expression of opinion. E. g., State v. Huggins, 269 N.C. 752, 153 S.E.2d 475 (1967). Second, defendant argues that the trial court erred by instructing "the jury in such a way as to permit it to use its discr......
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State v. Roberts
...the jury into believing that all the evidence restated by the judge is true. This contention is without merit. State v. Huggins,269 N.C. 752, 153 S.E.2d 475 (1967); State v. Jackson, 228 N.C. 656, 46 S.E.2d 858 (1948); 3 Strong, N. C. Index 2d, Criminal Law § 114. The record reveals repeate......
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State v. Hough
...that you should be satisfied as to . . .." The use of these statements do not constitute an expression of an opinion. State v. Huggins, 269 N.C. 752, 153 S.E.2d 475 (1967); State v. Roberts, 293 N.C. 1, 235 S.E.2d 203 (1977). Also, it is not necessary for the trial judge to repeat such phra......