State v. Johnson, 508
| Citation | 136 S.E.2d 84,261 N.C. 727 |
| Decision Date | 29 April 1964 |
| Docket Number | No. 508,508 |
| Court | United States State Supreme Court of North Carolina |
| Parties | STATE, v. Katie Mitchell Deese JOHNSON. |
T. W. Bruton, Atty. Gen., and James F. Bullock, Asst. Atty. Gen., for the State.
B. W. Blackwelder, Concord, for defendant.
Defendant assigns as error the denial of her motion for nonsuit.
For evidence of the corpus delicti the State relies entirely upon a statement made by defendant to a police officer shortly after the occurrence, in substance as follows: Defendant was at her home about 9:00 o'clock Saturday night, 27 July 1963. With her at the time were Dot Sims and six small children. Her mother was on the porch. A 10-year old boy was the only male person present. There was a knock at the door. Defendant told Dot to go to the door and if it was Charlie Walker to tell him she was not at home and to go away. Defendant was lying on the bed. Dot opened the door and, seeing that it was Charlie, did as defendant had instructed her. Charlie called Dot a G.. D... liar and began to argue with her. Defendant got up, went to the door and asked Charlie to leave. He was on the porch and the screen door was hooked. He continued to argue and began jerking the door; he was drinking. Defendant went to the kitchen and got a butcher knife, returned to the door and started talking to him; he continued to argue and curse. He succeeded in snatching the door open and stepped inside. He grabbed at her and she stabbed him once. Charlie 'keeps a knife' but she did not see a weapon at the time. He went outside and fell in the yard. An ambulance was called. Defendant was at home when the police came a few minutes later. Charlie had been there once before on that night.
The door had been fastened with a hook and 'keeper' or 'eye.' When the police came they found that the 'keeper' was not 'ringed' but was straightened out.
Defendant's testimony, corroborated by the testimony of others, tends to show: Deceased was about 48 years old; defendant was 36. He did not live at defendant's home; he had been her boy friend and on occasions she had cooked for him. She had been married and had borne 14 children, one was dead. Charlie was not the father of any of her children, though 6 were illegitimate. On the night in question defendant's mother had come to the house while Charlie was attempting to break open the door and tried to keep him from entering. Defendant had no intention of killing him, but was trying to 'keep him off of' her because she was afraid of him. He had come to her house earlier that night and asked her to go off with him. He was drinking. When she refused to go he slapped her and she hit him, he grabbed her and told her he was going to break her G.. D... neck. Her son parted them, and she told Charlie to leave and not come back. Charlie left, and a little later defendant's son also left. Charlie returned about 9:00 P.M. when the incident occurred which resulted in his death. Three or four months before, Charlie had assaulted defendant with an ax and fractured three of her ribs. She did not prosecute him for it because he threatened to kill her if she took out a warrant. Her daughter, who was assaulted by him on the same occasion, did indict him and the case was pending at the time of his death.
Ordinarily, when a person who is free from fault in bringing on a difficulty, is attacked in his own home or on his own premises, the law...
To continue reading
Request your trial
-
State v. McCoy
...N.C. 333, 159 S.E.2d 889 (1968); State v. Church, 265 N.C. 534, 144 S.E.2d 624 (1965), or a killing in self-defense, State v. Johnson, 261 N.C. 727, 136 S.E.2d 84 (1964); State v. Carter, 254 N.C. 475, 119 S.E.2d 461 (1961), homicide charges must be In order for the evidence to support the ......
-
State v. Hankerson
...to exculpate the defendant, motion for nonsuit should be allowed. State v. Carter, 254 N.C. 475, 119 S.E.2d 461.' State v. Johnson, 261 N.C. 727, 730, 136 S.E.2d 84, 86 (1964). In State v. Johnson, supra, a murder prosecution, the State's only evidence that defendant committed a homicide wa......
-
State v. Lee
...by his assailant." State v. Pearson, 288 N.C. 34, 43, 215 S.E.2d 598, 605 (1975) (emphasis added). Compare with State v. Johnson, 261 N.C. 727, 729–30, 136 S.E.2d 84, 86 (1964) (holding that "when a person ... is attacked in his own home or on his own premises , the law imposes on him no du......
-
State v. Benner
...of course, would not excuse the defendant if he used excessive force in repelling the attack and overcoming his adversary. 261 N.C. 727, 729–30, 136 S.E.2d 84 (1964) (per curium) (citations omitted) (emphasis added). Thus, defendant's contention that the portion of N.C.P.I. – Crim. 308.10 a......