State v. Hunt

• Citation: 283 N.C. 617,197 S.E.2d 513
• Decision Date: 12 July 1973
• Docket Number: No. 92,92
• Court: United States State Supreme Court of North Carolina
• Parties: , 72 A.L.R.3d 537 STATE of North Carolina v. Adnell HUNT.

Page 513

197 S.E.2d 513

283 N.C. 617, 72 A.L.R.3d 537

STATE of North Carolina v. Adnell HUNT.

No. 92.

Supreme Court of North Carolina.

July 12, 1973.

Atty. Gen. Robert Morgan and Associate Atty. E. Thomas Maddox, Jr., Raleigh, for the State.

Public Defender Wallace C. Harrelson, Greensboro, for defendant appellant.

BOBBITT, Chief Justice.

The evidence offered by the State was sufficient to require submission to the jury in each of the two cases and to support the verdict.

The evidence offered by defendant included his own testimony and testimony of other witnesses tending to show he was elsewhere when, according to the State's evidence, the crimes charged in the indictments were committed. Although this evidence was reviewed fully by the court, no specific instruction was given the jury as to the legal principles applicable in their consideration of this alibi evidence. Defendant contends he was entitled to such instruction notwithstanding his failure to request it. Authoritative decisions of this Court support defendant's position. State v. Vance, 277 N.C. 345, 347--348, 177 S.E.2d 389, 390--391 (1970); State v. Leach, 263 N.C. 242, 139 S.E.2d 257 (1964); State v. Gammons, 258 N.C. 522, 524, 128 S.E.2d 860, 862 (1963); State v. Spencer, 256 N.C. 487, 488--489, 124 S.E.2d 175, 176--177 (1962); State v. Melton, 187 N.C. 481, 122 S.E. 17 (1924). On account of the court's failure to so charge, defendant must be and is awarded a new trial.

Although we recognize defendant's right to rely upon the cited authoritative decisions, we have reached the conclusion that reason and authority support a different rule, namely, that the court Is not required to give such an instruction unless it is requested by the defendant. Hence, the cited decisions, in respect of the rule stated above, are overruled. The rule stated herein will be applicable in trials commenced after the filing of this opinion, including the retrial of the present case.

An alibi is simply a defendant's plea or assertion that at the time the crime charged was perpetrated he was at another place and therefore could not have committed the crime. State v. Malpass, 266 N.C. 753, 147 S.E.2d 180 (1966); State v. Green, 268 N.C. 690, 151 S.E.2d 606 (1966). Hereafter, when a defendant offers evidence of alibi, he is entitled, Upon request, to a charge substantially as follows: 'An accused, who relies on an alibi, does not have the burden of proving it. It is incumbent upon the State to satisfy the jury beyond a reasonable doubt on the whole evidence that such accused is guilty. If the evidence of alibi, in connection with all the other testimony in the case, leaves the jury with a reasonable doubt of the guilt of the accused, the State fails to carry the burden of proof imposed upon it by law, and the accused is entitled to an acquittal.' State v. Minton, 234 N.C. 716, 726--727, 68 S.E.2d 844, 851 (1952); State v. Spencer, Supra, 256 N.C. at 489, 124 S.E.2d at 177. When an instruction as to the legal effect of alibi evidence is given, whether by the court of its own motion or in response to request, such statement must be correct. The decision herein does not call for further discussion of the content of such an instruction.

In cases involving alibi instructions prior to Melton, the question presented was whether the instructions as to alibi actually given by the court were correct or erroneous. State v. Josey, 64 N.C. 56 (1870); State v. Jaynes, 78 N.C. 504 (1878); State v. Byers, 80 N.C. 426 (1879); State v. Reitz, 83 N.C. 634 (1880); State v. Starnes, 94 N.C. 973 (1886); State v. Freeman, 100 N.C. 429, 5 S.E. 921 (1888); State v. Rochelle, 156 N.C. 641, 72 S.E. 481 (1911); State v. Bryant, 178 N.C. 702, 100 S.E. 430 (1919).

A discussion of Melton and decisions based thereon seems appropriate.

In Melton, two questions were considered. The Court (one Justice dissenting) overruled the defendant's primary contention, namely, that the State's evidence was insufficient to withstand the defendant's motion for judgment as in case of nonsuit. However, all members of the Court agreed that a new trial should be awarded on account of the court's failure to instruct the jury as to the legal principles applicable to alibi evidence. The opinion stated that when a judge, in compliance with the mandate of the statute now codified as G.S. § 1--180, instructs the jury upon the essential features of a case he is not required to give additional instructions upon its subordinate features or to explain more fully a particular phase of the evidence unless there be a prayer for such instruction. However, the Court concluded that '(t)he defendant's evidence of an alibi was substantive . . . and without tendering a special prayer he was entitled to an instruction as to the legal effect of his evidence if it should be accepted by the jury.' No authority was cited. Nor did the Court set forth the reasoning upon which it reached the stated conclusion.

The record in Melton discloses that the trial judge in reviewing the evidence and in stating the contentions failed completely to make Any reference to the explicit alibi evidence the defendant had offered.

Melton was cited in State v. Steadman, 200 N.C. 768, 769, 158 S.E. 478, 479 (1931); State v. Casey, 201 N.C. 185, 209, 159 S.E. 337, 350 (1931); and State v. Sheffield, 206 N.C. 374, 386, 174 S.E. 105, 111 (1934).

The record in Steadman shows that the defendant assigned as error the court's failure 'to define and explain the law arising on the evidence relating to the alibi set up by the defendants in the case. . . .' This assignment was disposed of as follows: 'The court below fully set forth the facts and contentions in the charge as to the alibi set up by defendants. State v. Melton, 187 N.c. 481, 122 S.E. 17.' State v. Steadman, Supra, 200 N.C. at 769, 158 S.E. at 479. The court had reviewed the defendant's alibi evidence and had set forth his contentions thereon. The Attorney General's brief stated: 'This distinguishes the instant case from State v. Melton, 187 N.C. 481, (122 S.E. 17)--where the court below did not call the attention of the jury, in any manner, to the evidence of an alibi.' Although no instruction had been given the jury as to the legal principles applicable to alibi evidence, the Court found 'No Error.'

In Casey as in Steadman, the trial judge reviewed the alibi evidence and stated the defendant's contentions with reference thereto. However, no instruction was given the jury as to the legal principles applicable to alibi evidence. The Court found 'No Error' in a trial in which a sentence of death was pronounced.

In Sheffield, the question related to the accuracy of the instruction actually given by the court with reference to the law of alibi. The instruction was upheld on the authority of State v. Jaynes, Supra, and State v. Bryant, Supra. Although the assignment of error in Sheffield relates to the asserted inaccuracy of the alibi instruction, we note that the opinion contains the following: 'A defendant is entitled to instruction on alibi without special prayer. State v. Melton, 187 N.C. 481, 122 S.E. 17; C.S. § 564; State v. Steadman, 200 N.C. 768, (769), 158 S.E. 478.'

In State v. Sutton, 230 N.C. 244, 52 S.E.2d 921 (1949), a new trial was awarded because of the failure of the trial judge to comply with the requirements of G.S. § 1--180. No assignment of error related specifically to the court's failure to instruct the jury with reference to the law of alibi. However, near the end of the opinion, we find the following: 'Evidence of an alibi is substantive and the defendant was entitled to an instruction as to the legal effect of his evidence of alibi, if believed and accepted by the jury. State v. Melton, 187 N.C. 481, 122 S.E. 17.' Id. at 247, 52 S.E.2d at 924.

In Spencer, the trial judge recapitulated all of defendants' alibi evidence and gave the defendants' contentions thereon. In this respect, the factual situation was analogous to the factual situations in Steadman and Casey rather than that considered in Melton. On authority of Melton, this Court awarded a new trial because 'the trial court did not instruct the jury as to the legal effect of their evidence as to an alibi,' even though there had been no request for such an instruction. 256 N.C. at 488--489, 124 S.E.2d at 176. (Note: Two Justices dissented and one did not participate.)

Gammons, Leach and Vance are based directly on Spencer and indirectly on Melton.

It is first noted that the rule announced in Melton and applied in Spencer and subsequent decisions is contrary to the great weight of authority.

The annotation, 'Duty of Court to Instruct on the Subject of Alibi,' 118 A.L.R. 1303 (1939), contains this statement: 'It is the rule in most jurisdictions that, in the absence of a requested instruction, there is no duty upon the trial court to instruct specifically upon the subject of alibi; and while it appears that some cases are irreconcilable with this rule, those cases which require specific alibi instructions, even in the absence of a request therefor, for the most part involve special circumstances. See II. b, infra.' Id. at 1304. This statement is fully supported by decisions there cited and by supplemental decisions. We note that Melton was cited in 'II. b' as based on a North Carolina statute which required that the trial judge state in a plain and correct manner the evidence given in the case and declare the law arising thereon. As noted above, the instructions of the trial judge in Melton contained no reference to the explicit alibi evidence the defendant had offered or to defendant's contentions thereon.

The weight of authority supports the following statement: 'In the absence of a requested instruction, there is no duty upon the trial court to instruct specifically upon the subject of alibi. Conversely, when there has been sufficient evidence in the case to raise an issue as to alibi and the defendant has...