State v. Payne
| Decision Date | 15 December 1971 |
| Docket Number | No. 95,95 |
| Citation | 280 N.C. 150,185 S.E.2d 116 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Paul PAYNE. |
Robert Morgan, Atty. Gen., by Thomas B. Wood, Asst. Atty. Gen., for the State.
Ottway Burton, Asheboro, for defendant appellant.
The victim of the alleged assault was 9 years of age. The defendant was 15 years, 11 months and 27 days of age. He weighed 155 to 160 pounds. Because of the tender age of the victim and the nature of the charge, the court had discretionary authority, and exercised it properly, to permit the solicitor to ask leading questions. State v. Clanton, 278 N.C. 502, 180 S.E.2d 5; State v. Pearson, 258 N.C. 188, 128 S.E.2d 251.
Likewise it was in the discretion of the court to determine whether to order the jury to visit and view the trailer where the assault occurred. The description of the trailer came entirely from the defendant. There was no conflict in the evidence regarding is structure or contents. The court acted well within its discretion in denying the motion for the jury's inspection. State v. Ross, 273 N.C. 498, 160 S.E.2d 465.
The record indicates defense counsel and the solicitor were somewhat less than well restrained in their arguments. When defense counsel challenged the solicitor, the court admonished the solicitor, The court overruled the defendant's motion for a mistrial on account of the solicitor's argument.
The law takes a sensible view of jury arguments realizing that in hotly contested cases counsel sometimes approach the out of bounds line. But the judge is on the field and is in a favored position to call the play and to determine whether the debate is within permissible bounds. Except in extreme cases, the appellate court will not intervenue. No cause whatever for intervention appears in this record. State v. Barefoot, 241 N.C. 650, 86 S.E.2d 424; State v. Phillips, 262 N.C. 723, 138 S.E.2d 626; State v. Dickens, 278 N.C. 537, 180 S.E.2d 844.
The State's evidence is stated in skeleton form only to the end the record may be kept as unsoiled as possible. The evidence in its entirety makes out a strong case of assault with intent to commit rape. The defendant's evidence, as well as that of his associate, depicts total innocence. The jury resolved the conflict in ten minutes. There was no evidence to support a lesser included offense. State v. Allen, 279...
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State v. Cobb
...on the use of leading questions are discretionary and will be disturbed only upon a showing of an abuse of discretion. State v. Payne, 280 N.C. 150, 185 S.E.2d 116 (1971); 1 Stansbury's North Carolina Evidence, Section 31, (Brandis rev. 1973), (hereinafter referred to as Stansbury). Here th......
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State v. Stanley
...State v. Smith, 290 N.C. 148, 226 S.E.2d 10, cert. denied, 429 U.S. 932, 97 S.Ct. 339, 50 L.Ed.2d 301 (1976); State v. Payne, 280 N.C. 150, 185 S.E.2d 116 (1971) (and cases cited Defendant's assignments of error are overruled. By his fifth assignment of error, defendant contends that the tr......
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State v. Berry, 62
...when the witness has difficulty in understanding questions because of age or immaturity. State v. Greene, supra; State v. Payne, 280 N.C. 150, 185 S.E.2d 116 (1971); 1 Stansbury's North Carolina Evidence § 31 (Brandis rev. 1973) (hereinafter Stansbury). The trial judge's rulings on this asp......
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State v. Watson, 116
...jury view. Moreover, the determination of whether to grant a jury view is within the discretion of the trial court. State v. Payne, 280 N.C. 150, 185 S.E.2d 116 (1971); State v. Ross, 273 N.C. 498, 160 S.E.2d 465 (1968). We find no evidence in the record of an abuse of this discretion; ther......