State v. Pearce, No. 742

Docket NºNo. 742
Citation145 S.E.2d 918, 266 N.C. 234
Case DateJanuary 14, 1966
CourtUnited States State Supreme Court of North Carolina

Page 918

145 S.E.2d 918
266 N.C. 234
STATE of North Carolina, Respondent,
v.
Clifton A. PEARCE, Petitioner.
No. 742.
Supreme Court of North Carolina.
Jan. 14, 1966.

T. W. Bruton, Atty. Gen., Theodore C. Brown, Staff Atty., Raleigh, for the State.

Wade H. Penny, Jr., Durham, for petitioner appellant.

HIGGINS, Justice.

The petitioner challenges the legality of his trial on three grounds: (1) He was not represented by counsel selected [266 N.C. 235] and appointed by the court as required by law. (2) The trial court committed error in permitting Detective Morris to relate to the jury certain admissions the defendant made to the investigating officers after the indictment was returned and while he was being held in custody charged with a capital felony. (3) The attorney who represented him at the trial failed to follow his request that an appeal be taken to the State Supreme Court.

At the Post Conviction Hearing the petitioner was represented by his present counsel. The Assistant Solicitor, Thomas H. Lee, represented the State. The petitioner and Mr. C. Horton Poe, his trial counsel, testified. The court had before it in narrative form the evidence at the trial in which the defendant was convicted of an assault with intent to commit rape. We give here what appear to be the material parts of the records, the evidence, and the stipulations:

The alleged victim, Betty Louise Honeycutt, age 12 years, eight months, after returning with the defendant from the grocery store at about 9:40 on the night of February 18, 1961, told a member of her family a story which, if true, would raise at least an issue of the defendant's guilt of assault with intent to commit rape, if not of the completed offense. The defendant was called into the room where the girl repeated the story in his presence. This story the defendant denied. The victim's brother thereafter assaulted the defendant, inflicting injuries which required his hospitalization. The officers were notified and on the morning of February 19 questioned the defendant in the hospital. The defendant

Page 920

denied guilt. On February 21, 1961, the grand jury returned an indictment charging the defendant with the capital felony of rape. He was removed from the hospital to the jail where the officers questioned him--on how many occasions does not appear. However, at the second trial in May, 1961, Officer Morris testified: 'I understand he was indicted for the capital crime of rape during February term. I do not remember whether it was March or February that I talked to him in jail. * * * It was in the day time when we talked to him in jail. There was no discussion in my presence either by me or the other detective to Mr. Pearce that it would be a lesser charge if he would tell it. I don't recall that any charge at all was discussed. We didn't compel him to make another statement. We didn't ask him to make another statement. We just asked him in the jail if he had anything else to say about it, if he still wanted to deny it. And, of course, he eventually came around and alleged that he had tried to have intercourse with her. This statement was made in the interrogation room of the detective bureau.'

At all times during the questioning the prisoner was without counsel. However, some time in April,...

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36 practice notes
  • North Carolina v. Pearce Simpson v. Rice, Nos. 413 and 418
    • United States
    • United States Supreme Court
    • June 23, 1969
    ...Court of North Carolina, upon the ground that an involuntary confession had unconstitutionally been admitted in evidence against him, 266 N.C. 234, 145 S.E.2d 918. He was retried, convicted, and sentenced by the trial judge to an eight-year prison term, which, when added to the time Pearce ......
  • Hardwick v. Doolittle, No. 76-1065
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 29, 1977
    ...not inconsistent with this opinion. AFFIRMED IN PART AND, IN PART, VACATED AND REMANDED. --------------- 1 See State v. Pearce, 266 N.C. 234, 236, 145 S.E.2d 918, 920 (1966) (Judge Williams at first trial); State v. Pearce, 268 N.C. 707, 708, 151 S.E.2d 571, 572 (1966) (Judge McLaughlin at ......
  • People v. Ray, Docket No. 80168
    • United States
    • Supreme Court of Michigan
    • December 1, 1987
    ...rel. Gainer v. New Jersey, 278 F.Supp. 127 (D.N.J., 1967); Commonwealth v. Harris, 371 Mass. 462, 358 N.E.2d 982 (1976); State v. Pearce, 266 N.C. 234, 145 S.E.2d 918 In Hooks, the incriminating statement was obtained roughly eight hours after the defendant had been seriously wounded in the......
  • State v. Sparrow
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 13, 1970
    ...which resulted in a reversal of his conviction by this Court for the wrongful admission of an involuntary confession. State v. Pearce, 266 N.C. 234, 145 S.E.2d 918. He was retried before another Superior Court judge and jury, and again convicted. The trial judge at the second trial imposed ......
  • Request a trial to view additional results
36 cases
  • North Carolina v. Pearce Simpson v. Rice, Nos. 413 and 418
    • United States
    • United States Supreme Court
    • June 23, 1969
    ...Court of North Carolina, upon the ground that an involuntary confession had unconstitutionally been admitted in evidence against him, 266 N.C. 234, 145 S.E.2d 918. He was retried, convicted, and sentenced by the trial judge to an eight-year prison term, which, when added to the time Pearce ......
  • Hardwick v. Doolittle, No. 76-1065
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 29, 1977
    ...not inconsistent with this opinion. AFFIRMED IN PART AND, IN PART, VACATED AND REMANDED. --------------- 1 See State v. Pearce, 266 N.C. 234, 236, 145 S.E.2d 918, 920 (1966) (Judge Williams at first trial); State v. Pearce, 268 N.C. 707, 708, 151 S.E.2d 571, 572 (1966) (Judge McLaughlin at ......
  • People v. Ray, Docket No. 80168
    • United States
    • Supreme Court of Michigan
    • December 1, 1987
    ...rel. Gainer v. New Jersey, 278 F.Supp. 127 (D.N.J., 1967); Commonwealth v. Harris, 371 Mass. 462, 358 N.E.2d 982 (1976); State v. Pearce, 266 N.C. 234, 145 S.E.2d 918 In Hooks, the incriminating statement was obtained roughly eight hours after the defendant had been seriously wounded in the......
  • State v. Sparrow
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 13, 1970
    ...which resulted in a reversal of his conviction by this Court for the wrongful admission of an involuntary confession. State v. Pearce, 266 N.C. 234, 145 S.E.2d 918. He was retried before another Superior Court judge and jury, and again convicted. The trial judge at the second trial imposed ......
  • Request a trial to view additional results

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