State v. Norman
| Decision Date | 24 May 1972 |
| Docket Number | No. 7215SC338,7215SC338 |
| Citation | 188 S.E.2d 667,14 N.C.App. 394 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. James E. NORMAN. |
Atty. Gen. Robert Morgan and Asst. Atty. Gen. Richard N. League for the state.
Fred Darlington, III, Burlington, for defendant appellant.
The defendant assigns as error the Court's denial of his motion for judgment as of nonsuit made at the close of the State's evidence and renewed at the close of all the evidence. The defendant contends the evidence was insufficient to show an intent to commit rape.
The requisites of the crime with which defendant is charged were recently stated by Justice Sharp in State v. Hudson, 280 N.C. 74, 185 S.E.2d 189 (1971):
Although Miss Brewer was unable to testify as to what occurred from the time she was choked into unconsciousness until she arrived at the Johnson home almost one hour later, we think her testimony as to events leading up to the cruel and brutal assault upon her together with the evidence as to her physical and emotional condition after the assault is sufficient to raise an inference that the assault was sexually motivated that that the defendant intended to gratify his passion upon her notwithstanding any resistence on her part. State v. Gammons, 260 N.C. 753, 133 S.E.2d 649 (1963). We need not speculate as to why the defendant did not accomplish his purpose. State v. Hudson, Supra; State v. Goines, 273 N.C. 509, 160 S.E.2d 469 (1968).
When the evidence is considered in the light most favorable to the State, we hold it is sufficient to take the case to the jury and to support the verdict.
Next the defendant assigns as error the Court's failure to instruct the jury on the 'lesser included offenses' of assault with a deadly weapon with intent to kill inflicting serious injury; assault with a deadly weapon inflicting serious injury; and assault inflicting serious injury.
G.S. § 15--169 provides:
'Conviction of assault, when included in charge.--On the trial of any person for rape, or any felony whatsoever, when the crime charged includes an assault against the person, it is lawful for the jury to acquit of the felony and to find a verdict of guilty of assault against the person indicted, if the evidence warrants such finding; and when such verdict is found the court shall have power to imprison the person so found guilty of an assault, for any...
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State v. McDougall
...for nonsuit on the theory of murder during an attempted rape. State v. Knight, 248 N.C. 384, 103 S.E.2d 452 (1958); State v. Norman, 14 N.C.App. 394, 188 S.E.2d 667 (1972). Moreover, the evidence is amply sufficient to find the defendant guilty of kidnapping Diane Parker and thus to support......
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State v. Menter
...10 on the theory of murder during an attempted rape. State v. Knight, 248 N.C. 384, 103 S.E.2d 452 (1958); State v. Norman, 14 N.C.App. 394, 188 S.E.2d 667 (Ct.App.1972). [McDougall, supra, 301 S.E.2d at 316 (emphasis McDougall is clearly apposite to this case. The facts are similar. The in......
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State v. Schultz, 874SC309
...613 (1985); State v. Rushing, 61 N.C.App. 62, 300 S.E.2d 445, aff'd per curiam, 308 N.C. 804, 303 S.E.2d 822 (1983); State v. Norman, 14 N.C.App. 394, 188 S.E.2d 667 (1972). In each of these cases where the evidence of intent was found sufficient, the defendant manifested his sexual motivat......
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State v. Wortham
...S.E.2d 613 (1985) (defendant entered bedroom, undressed, and fondled his private parts; conviction upheld); see also State v. Norman, 14 N.C.App. 394, 188 S.E.2d 667 (1972) (physical assault, but no evidence of sexual conduct other than touching breast; conviction upheld); State v. Boon, 35......