State v. Oliver
| Decision Date | 12 October 1966 |
| Docket Number | No. 253,253 |
| Citation | 150 S.E.2d 445,268 N.C. 280 |
| Parties | STATE v. Monta OLIVER, Jr, James Hambright, Robert Stewart, Jr. |
| Court | North Carolina Supreme Court |
Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard, for the State.
Joel L. Kirkley, Jr., Charlotte, for defendant, appellant.
There are nineteen assignments of error, most of which do not comply with the requirements of Rule 19(3), Rules of Practice in the Supreme Court. 221 N.C. 543. "* * * (T)he very error relied upon should be definitely and clearly presented, and the court not compelled to go beyond the assignment itself to learn what the question is.' Steelman v. Benfield, 228 N.C. 651, 653, 46 S.E.2d 829, 831.' State v. Reel, 254 N.C. 778, 119 S.E.2d 876. We have, however, examined the record carefully and find no prejudicial error in those assignments.
The question of nonsuit Is properly presented. State v. Kelly, 243 N.C. 177, 90 S.E.2d 241.
"A 'conspiracy' is the unlawful concurrence of two or more persons in a wicked scheme--the combination or agreement to do an unlawful thing or to do a lawful thing in an unlawful way by unlawful means.' * * * Direct proof of the charge of conspiracy is rarely obtainable. But to establish such charge, the evidence or acts relied upon, when taken together, must point unerringly to the existence of a conspiracy.' State v. McCullough, 244 N.C. 11, 92 S.E.2d 389.
In the instant case there was not only circumstantial evidence of a conspiracy to commit armed robbery, but there was also direct proof of the existence of the conspiracy by an accomplice.
"Everyone who does enter into a common purpose or design is equally deemed in law a party to every act which had before been done by the others, and a party to every act which may afterwards be done by any of the others, in furtherance of such common design.' State v. Jackson, 82 N.C. 565.' State v. Kelly, supra.
'* * * (I)n order to render one who does not actually participate in the commission of the crime guilty of the offense...
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State v. Beach
...in its commission." State v. Davenport, 156 N.C. 596, 72 S.E. 7; State v. Epps, 213 N.C. 709, 197 S.E. 580. See also State v. Oliver, 268 N.C. 280, 150 S.E.2d 445; State v. Bruton, N.C. 488, 142 S.E.2d 169; State v. Gaines, 260 N.C. 228, 132 S.E.2d 485. This Court in the case of State v. Pr......
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State v. Barrow
...State v. Keller, 268 N.C. 522, 151 S.E.2d 56 (1966); Accord, State v. Terry, 278 N.C. 284, 179 S.E.2d 368 (1971); State v. Oliver, 268 N.C. 280, 150 S.E.2d 445 (1966); State v. Sellers, 266 N.C. 734, 147 S.E.2d 225 (1966); State v. Kelly, 243 N.C. 177, 90 S.E.2d 241 (1955). The fact that on......
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Lancaster v. Smith
...error may be discovered is not sufficient. * * *' See also Gilbert v. Moore, 268 N.C. 679, 151 S.E.2d 577 (1966); State v. Oliver, 268 N.C. 280, 150 S.E.2d 445 (1966); Long v. Honeycutt, 268 N.C. 33, 149 S.E.2d 579 (1966); Nationwide Homes of Raleigh v. First-Citizens Bank & Trust Co., 267 ......
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State v. DeGraffenreidt, 7315SC104
... ... Defendants insist that this evidence was insufficient to show that there was a union of wills for the unlawful purpose charged in the bill of indictment. We disagree ... Direct proof of the charge of conspiracy is rarely obtainable. State v. Oliver, 268 ... N.C. 280, 150 S.E.2d 445. 'In fact, circumstantial evidence is usually the only proof obtainable, and the results accomplished, the divergence of these results from the course which would ordinarily be expected, the situation of the parties and their relations to each other, together ... ...