State v. McLaughlin

• Decision Date: 14 April 1975
• Docket Number: No. 28,28
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Alexander McLAUGHLIN.

Page 238

213 S.E.2d 238

286 N.C. 597

STATE of North Carolina v. Alexander McLAUGHLIN.

No. 28.

Supreme Court of North Carolina.

April 14, 1975.

Atty. Gen. Robert Morgan, Deputy Atty. Gen. James F. Bullock, and Associate Attys. Austin B. Campbell, John R. Morgan and Ralf F. Haskell, Asst. Atty. Gen., Raleigh, for the State.

Fred L Musselwhite, Lumberton, for defendant appellant.

MOORE, Justice.

The murder indictments in these cases were drawn under G.S. § 15--144. Defendant, before trial, filed a motion for a bill of particulars requiring the State to make an election as to whether the murders were done with premeditation and deliberation, or in the perpetration or attempt to perpetrate arson. Defendant contends it was error for the court to overrule this motion and to charge the jury that they could return a verdict of guilty of murder in the first degree if they found from the evidence beyond a reasonable doubt that the killings were done with malice and after premeditation and deliberation, or that the killings were done in the perpetration or attempt to perpetrate arson.

G.S. § 14--17 in part 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 attempt to perpetrate any arson, rape, robbery, kidnapping, burglary or other felony, shall be deemed to be murder in the first degree and shall be punished with death . . ..'

G.S. § 15--144 provides:

'In indictments for murder and manslaughter, it is not necessary to allege matter not required to be proved on the trial; but in the body of the indictment, after naming the person accused, and the county of his residence, the date of the offense, the averment 'with force and arms,' and the county of the alleged commission of the offense, as is now usual, it is sufficient in describing murder to allege that the accused person feloniously, willfully, and of his malice aforethought, did kill and murder (naming the person killed), and concluding as is now required by law; and it is sufficient in describing manslaughter to allege that the accused feloniously and willfully did kill and slay (naming the person killed), and concluding as aforesaid; and any bill of indictment containing the averments and allegations herein named shall be good and sufficient in law as an indictment for murder or manslaughter, as the case may be.'

A bill of indictment drawn under G.S. § 15--144 is sufficient to sustain verdicts of guilty of murder in the first degree if the jury finds from the evidence and beyond a reasonable doubt that defendant killed the deceased with malice, after premeditation and deliberation, or that he killed the deceased in the perpetration or attempt to perpetrate any arson, rape, robbery, burglary, or other felony. State v. Moore, 284 N.C. 485, 202 S.E.2d 169 (1974); State v. Thompson, 280 N.C. 202, 185 S.E.2d 666 (1972); State v. Haynes, 276 N.C. 150, 171 S.E.2d 435 (1970).

If a defendant is charged with murder in the first degree by a bill of indictment drawn under G.S. § 15--144 and desires to know whether the State relies on proof the killing was done with premeditation or deliberation, or in the perpetration or attempt to perpetrate a felony, he should apply for a bill of particulars as provided in G.S. § 15--143 (repealed by Session Laws of 1973, c. 1286, s. 26, effective July 1, 1975). State v. Haynes, Supra.

The function of such a bill of particulars is (1) to inform the defense of the specific occurrences intended to be investigated on the trial and (2) to limit the course of the evidence to the particular scope of inquiry. State v. Cameron, 283 N.C. 191, 195 S.E.2d 481 (1973); State v. Spence, 271 N.C. 23, 155 S.E.2d 802 (1967); State v. Overman, 269 N.C. 453, 153 S.E.2d 44 (1967).

The granting or denial of motions for a bill of particulars is within the discretion of the court and is not subject to review except for palpable and gross abuse thereof. State v. Cameron, Supra; State v. Spence, Supra; State v. Porth, 269 N.C. 329, 153 S.E.2d 10 (1967).

The arson indictment in this case sets out the county in which the alleged offense occurred, the date of the occurrence, the street address of the house alleged to have been burned and the names of the occupants therein at the time.

The murder indictments each give the date and the county where the offense was alleged to have occurred and the name of the alleged victim. The names of those alleged to have been murdered are the same as those alleged to have been occupants of the house when the fire was set. Defendant was familiar with the house involved and its occupants, having visited and slept there on occasions. All the information surrounding the commission of the crimes was contained in the bills of indictment and was well known to defendant. Furthermore, the solicitor announced that he would make out a case of premeditation and deliberation and would also make out a case of homicide in the perpetration of a felony, so defendant was on notice as to all elements of the charges against him and as to how the State planned to proceed. Under these circumstances, defendant has failed to show any abuse of discretion by the trial court in denying his motion for a bill of particulars.

Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. A specific intent to kill is a necessary constituent of the elements of premeditation and deliberation in first degree murder. State v. Robbins, 275 N.C. 537, 169 S.E.2d 858 (1969). Premeditation and deliberation are not usually susceptible of direct proof and are therefore susceptible of proof by circumstances from which the facts sought to be proven may be inferred. As stated in State v. Walters, 275 N.C. 615, 624, 170 S.E.2d 484, 490 (1969):

"Among the circumstances to be considered in determining whether a killing was with premeditation and deliberation are: Want of provocation on the part of deceased. State v. Matheson, 225 N.C. 109, 111, 33 S.E.2d 590; State v. Hammonds, 216 N.C. 67, 75, 3 S.E.2d 439; State v. Buffkin, 209 N.C. 117, 126, 183 S.E. 543. The conduct of defendant before and after the killing. State v. Lamm, 232 N.C. 402, 406, 61 S.E.2d 188; State v. Chavis, 231 N.C. 307, 311, 56 S.E.2d 678; State v. Harris, 223 N.C. 697, 701, 28 S.E.2d 232. Threats and declarations of defendant before and during the course of the occurrence giving rise to the death of deceased. State v. Dockery, 238 N.C. 222, 224, 77 S.E.2d 664; State v. Hudson, 218 N.C. 219, 230, 10 S.E.2d 731; State v. Hawkins, 214 N.C. 326, 331, 199 S.E. 284; State v. Bowser, Supra (214 N.C. 249, 199 S.E. 31). . . ."

In the present case, several witnesses for the State testified that prior to the fire defendant said he was going to burn Lewbertha's house and, in addition, Lewbertha testified that defendant said he was going to burn her house and her baby. After the fire was set defendant made the statement that he had 'burned (the house) down.' From this evidence, the jury could find that the defendant acted with premeditation and deliberation.

Under G.S. § 14--17, a murder committed in the perpetration or attempt to perpetrate arson is murder in the first degree irrespective of premeditation or deliberation, or malice aforethought. State v. Hairston, 280 N.C. 220, 185 S.E.2d 633 (1972); State v. Thompson, Supra.

We hold that the evidence in these cases was sufficient to permit the jury to find that defendant committed premeditated murder or murder in the perpetration or attempt to perpetrate arson. Therefore, the trial court did not err in submitting both to the jury.

By his next assignment of error defendant contends that the trial court erred in overruling the defendant's motion for nonsuit at the close of the State's evidence and at the close of all the evidence.

The evidence in the present case shows that defendant announced to several witnesses his intention to burn the house and that shortly after the fire he told Daisy Blue that he had 'burned Lewbertha's damn house.' He freely and fully confessed to police officers that he had burned the house. His statement closely paralleled the other evidence against him.

As we said in State v. McNeil, 280 N.C. 159, 161--62, 185 S.E.2d 156, 157 (1971):

'. . . Motion to nonsuit requires the trial judge to consider the evidence in the light most favorable to the State, take it as true, and give the State the benefit of every reasonable inference to be drawn therefrom. State v. Vincent, 278 N.C. 63, 178 S.E.2d 608 (1971). 'Regardless of whether the evidence is direct, circumstantial, or both, if there is evidence from which a jury could find that the offense charged has been committed and that defendant committed it, the motion to nonsuit should be overruled.' State v. Goines, 273 N.C. 509, 160 S.E.2d 469 (1968).'

Accord, State v. Tillman, 269 N.C. 276, 152 S.E.2d 159 (1967); State v. Bogan, 266 N.C. 99, 145 S.E.2d 374 (1965).

The evidence in this case clearly meets that standard and was properly submitted to the jury. This assignment is overruled.

Defendant next contends that the trial court erred in failing to instruct the jury on the law of intoxication as a defense, asserting that there was evidence from which the jury could have concluded that defendant was so intoxicated that he was incapable of forming criminal intent to commit the crimes of arson and murder in the first degree.

Except where a crime requires a showing of specific intent, voluntary intoxication is not a defense to a criminal charge. State v. Bunn,283 N.C. 444, 196 S.E.2d 777 (1973); State v. Propst, 274 N.C. 62, 161 S.E.2d 560 (1968); State v. Cureton, 218 N.C. 491, 11 S.E.2d 469 (1940); State v. Murphy, 157 N.C. 614, 72 S.E. 1075 (1911). See, Annot., 8 A.L.R.3d 1236 (1966).

Specific intent is not an element of the...