State v. Little
Citation | 286 N.C. 185,209 S.E.2d 749 |
Decision Date | 26 November 1974 |
Docket Number | No. 54,54 |
Court | United States State Supreme Court of North Carolina |
Parties | STATE of North Carolina v. Lawrence Robert LITTLE. |
Atty. Gen. Robert Morgan by Asst. Atty. Gen. Lester V. Chalmers, Jr., Raleigh, for the State.
John Richard Newton, Wilmington, for defendant appellant.
Defendant in his brief brings forward three assignments of error numbered first, sixth, and ninth. All assignments of error and exceptions not discussed in the brief are deemed to be abandoned. Rule 28, Rules of Practice in the Supreme Court, 254 N.C. 783 (G.S. 4A, Appendix I(1)); State v. Crews, 284 N.C. 427, 201 S.E.2d 840 (1974); State v. Kirby, 276 N.C. 123, 171 S.E.2d 416 (1970); State v. Gordon, 241 N.C. 356, 85 S.E.2d 322 (1955).
The first assignment of error is as follows:
'1. The lower Court erred in admitting irrelevant testimony.
EXCEPTIONS NOS. 1(R p 10), 2(R p 11), 3(R pp 11, 12), 4(R p 12), 5(R p 13), 6(R p 14), 7(R p 15), 8(R p 16), 9(R p 17), 10(R p 19), 13(R p 22), 16(R p 25), 17(R p 26), 20(R p 28), 21(R p 29).'
This assignment of error fails to comply with the Rules of this Court in that it fails to show specifically what question is intended to be presented for consideration without the necessity of going beyond the assignment of error itself. Rules 19(3) and 21, Rules of Practice in the Supreme Court, supra; State v. Kirby, supra; In re Will of Adams, 268 N.C. 565, 151 S.E.2d 59 (1966).
As stated in In re Will of Adams:
Defendant's first assignment of error is ineffectual to bring up for review by this Court any part of the trial judge's rulings as to the admission of evidence. Despite the failure of defendant to perfect his appeal in conformity with the Rules, since a life sentence is involved we have elected to consider the testimony that he seeks to attack. The conversations defendant had with the various witnesses, the admission of which he alleges was error, indicated his hatred for blacks and for Jervay who owned the black newspaper, the office of which was located in the building that was damaged by the explosion. These conversations further indicate that defendant had the dynamite that he planned to use and did in fact use in dynamiting the building. Such testimony was competent to show the requisite intent or state of mind and the motive for the commission of the crime, as well as the commission of the crime itself.
2 Strong, N.C. Index 2d, Criminal Law § 33 (1967). State v. Hamilton, 264 N.C. 277, 141 S.E.2d 506, cert. den. 384 U.S. 1020, 86 S.Ct. 1936, 16 L.Ed.2d 1044 (1965); State v. McClain, 240 N.C. 171, 81 S.E.2d 364 (1954).
Defendant's first assignment of error is overruled.
Defendant next assigns as error the trial court's refusal to let Officer Page testify regarding whether Ben Chavis was in the area on 28 May 1973. This assignment is without merit. Assuming, without deciding, that the question was competent, defendant has failed to show the answer the witness would have given had he been permitted to answer. In State v. Robinson, 280 N.C. 718, 187 S.E.2d 20 (1972), this Court said:
Finally, defendant's ninth assignment of error is as follows: 'The lower court erred in its definition of malice in its charge.' Again, this assignment of error fails to meet the requirements of our Rules. 'Assignments of error to the charge should quote the portion of the charge to which appellant objects, and assignments based on failure to charge should set out appellant's contention as to what the court should have charged.' State v. Kirby, supra. Accord, State v. Fowler, 285 N.C. 90, 203 S.E.2d 803 (1974); State v. Crews, supra. The trial court instructed the jury that in order to convict the defendant they must be satisfied beyond a reasonable doubt of the following:
'First, that the defendant damaged the building on South Seventh Street which was owned by Mr. T. C. Jervay and used by him as an office for the Wilmington Journal.
'Third, that the defendant acted wilfully, that is intentionally and without justification or excuse.
'Fourth, that the defendant acted maliciously, that is (with) animosity, hatred or ill will.
'And fifth, that the real property was at that time occupied by some person,...
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