State v. Norris, 669
| Citation | 264 N.C. 470,141 S.E.2d 869 |
| Decision Date | 19 May 1965 |
| Docket Number | No. 669,669 |
| Parties | STATE, v. Junior NORRIS. |
| Court | United States State Supreme Court of North Carolina |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. James F. Bullock for the State.
D. F. McGougan, Jr., Tabor City, for defendant appellant.
The State introduced evidence; defendant Norris did not. He assigns as error the denial of his motion for judgment of compulsory nonsuit made at the close of the State's evidence. The State's evidence shows the following facts:
About 6 p. m. on 24 May 1964, Arthur Castlebury, a member of the U. S. Navy, left his home in Charleston, South Carolina, for the purpose of hitchhiking to his ship at Norfolk, Virginia. He was picked up by drivers of automobiles three times, and arrived in Myrtle Beach, South Carolina, about 9 p. m. While hitchhiking on Highway #17 just north of Myrtle Beach, he was picked up by Junior Norris, who was driving an automobile. O. B. Reaves, Clyde Jacobs, and a man called Raymond were in the automobile with Norris. At that time he did not know Norris and the three men. They arrived in Columbus County about 10:30 p. m. Norris drove along the highway about four miles, and then drove off onto a side road. They opened two bags of beer, and everyone in the automobile, except Raymond, drank three beers. There was a half-quart jar of 'white lightning' in the automobile. Raymond got out of the automobile near his home. Then they went to O. B. Reaves' home and picked up David Reaves. They then rode to Dupree Road, a dirt road in Columbus County. Norris stopped the automobile, jumped out, and pulled Castlebury out of the automobile. At that time O. B. Reaves was on the back seat 'passed out,' and Clyde Jacobs and David Reaves remained in the automobile. Norris hit Castlebury on the head with a 'coke' bottle, tore his white jumper and mackintosh, and bit him three times on the back. Norris got back in the automobile. Castlebury walked back to the paved road. David Reaves, with Norris, Jacobs, and O. B. Reaves in the automobile, drove to where he was on the paved road. When the automobile reached him, Norris, with a pocketknife with the blade opened in his hand, jumped out, pointed it at him, told him what he wanted, and took from him his wallet, a watch of the value of $16, a religious medal, and $6 in money. Castlebury testified: 'I did not attempt to run because I was scared of a knife and I gave him a $15 [sic] watch, $6.00 in money.' Norris got back in the automobile, and they left. When Castlebury got on the road towards Hallsboro, he flagged down State highway patrolman P. T. Allgood. He directed him back to where it happened, and found there his jumper and mackintosh. Allgood carried him to a hospital where they patched up his head.
Patrolman Allgood's testimony is to this effect: On 24 May 1964 he saw Arthur Castlebury with his clothes torn and blood on his face at the intersection of Rural Paved Road #1001 and Highways #74-76, the Hallsboro Road, flagging traffic. He stopped to investigate. Castlebury told him what had happened, which he narrated in detail, and which was admitted in evidence, over defendant's objection and exception, for the sole purpose of corroborating the testimony of Castlebury. Caslebury directed him to the scene, where he found Castlebury's torn jumper and mackintosh. He carried Castlebury to a hospital. Nurses attended him. Castlebury had a small cut on his head, scratches and bruises on his face, chest and shoulders, and teeth marks on his back.
J. R. Hunt, a deputy sheriff of Columbus County, testified in effect: Defendant Norris told him they had been drinking a lot, and they picked up a sailor on the bypass in the town of Whiteville, took him to White Marsh, and put him out on Highway #74-76.
Defendant contends in his brief that his motion for judgment of nonsuit should have been allowed 'in that one of the essential elements of the crime charged was missing, in that no force was shown to be used nor was the prosecuting witness put in fear.' This contention is untenable.
Common-law robbery has been repeatedly and consistently defined by this Court. State v. Lawrence, 262 N.C. 162, 136 S.E.2d 595, in which it is said:
This Court said in State v. Stewart, 255 N.C....
To continue reading
Request your trial
-
State v. Simmons, 44
...is the felonious intent to deprive the owner of his property permanently and to convert it to the use of the criminals. State v. Norris, 264 N.C. 470, 141 S.E.2d 869. Likewise, one of the essential elements of the crime of burglary is the intent to commit a felony in the dwelling house brok......
-
State v. Miller
...279 N.C. 18, 181 S.E.2d 572 (1971), Vacated for other reasons, 408 U.S. 939, 92 S.Ct. 2873, 33 L.Ed.2d 761 (1972); State v. Norris, 264 N.C. 470, 141 S.E.2d 869 (1965); State v. Case, 253 N.C. 130, 116 S.E.2d 429 (1960); State v. Lippard, 223 N.C. 167, 25 S.E.2d 594, Cert denied 320 U.S. 74......
-
State v. Hurst, 8512SC854
...of robbery is the intent to permanently deprive the owner of his or her goods and appropriate them to the taker's use. State v. Norris, 264 N.C. 470, 141 S.E.2d 869 (1965). The only evidence supporting defendant's claim of intoxication was his own testimony that he and his friends "got high......
-
State v. Patterson
...the credibility of the evidence which is always for the jury. State v. Bryant, 282 N.C. 92, 191 S.E.2d 745 (1972); State v. Norris, 264 N.C. 470, 141 S.E.2d 869 (1965); State v. Case, 253 N.C. 130, 116 S.E.2d 429 Applying these principles to the evidence in this case, we hold that it was no......