State v. Primes
| Citation | 165 S.E.2d 225,275 N.C. 61 |
| Decision Date | 21 January 1969 |
| Docket Number | No. 493,493 |
| Parties | STATE of North Carolina v. James Lee PRIMES. |
| Court | United States State Supreme Court of North Carolina |
T. W. Bruton, Atty. Gen., and Staff Atty., Andrew A. Vanore, Jr., Raleigh, for the State.
Garland B. Daniel, Raleigh, for defendant appellant.
On appeal defendant was represented at the State's expense by his court-appointed counsel, Garland B. Daniel, a member of the Wake County Bar. The record in the case and the brief of defendant were mimeographed in the same manner as is done in the case of solvent defendants.
Defendant assigns as error the denial of his motion for compulsory nonsuit made at the close of all the evidence. On such a motion the evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable intendment thereon and every reasonable inference therefrom. 2 Strong's N.C.Index 2d Criminal Law § 104.
The State's evidence, considered in the light most favorable to it, tends to show the following material facts: On 9 October 1967 Carolyn Wayne Daniels, a young white woman, was employed at Eckerd's Drug Store in Raleigh. She and Robert Calvin Stephens had plans to be married and were married on 16 February 1968. At 5:30 p.m. on 9 October 1967 she got off work and proceeded to her automobile which was parked in a parking deck. On her way home down Salisbury Street in the city of Raleigh she had a flat tire at the corner of Lenoir and South Salisbury Streets. She pulled into a parking place and got out of her car to look at the flat tire. Defendant, a Negro, was walking along the street. He offered to place the spare tire on the car in place of the flat tire, and she accepted his offer. When he had placed the spare tire on the automobile, she got $2 out of her pocketbook and offered to pay him $2 for fixing her tire. At first he refused to accept the $2, and then upon her insistence accepted it. Defendant said that he had missed his ride with his brother-in-law to Garner, a town near Raleigh. She said, They got into her automobile and she drove off. In driving down the street they engaged in a conversation. He told her that he worked at the Carolina Power and Light Company as a linesman. He had on a yellow helmet like linesmen wear. When they got to the road where she was supposed to keep going straight, he told her to turn down Tryon Road, that his brother worked down that road and he could take him home. She turned off Highway 401 South onto Tryon Road. They came to a filling station where she was supposed to turn left on Lake Wheeler Road to go to her boy friend's house to baby sit for his sister. He told her to go ahead down the road. She said, 'I am supposed to go the other way,' and he said, 'It's just a little ways down this road.' She was really getting scared and drove ahead. They proceeded a distance down the road and stopped at a dirt road. She told him he could get out and walk down the dirt road a little ways. He replied, 'No, it's just a little ways down this road, go ahead and take me.' She turned down this dirt road and saw a sign ahead reading 'dead-end road.' She said to him, 'This is a dead-end road,' and defendant said, He further said, 'it's just a little ways down here.' At the dead-end road there is a circle where one can circle around and come right back up the road. She turned around in that circle and started coming back up the road. Defendant clapped his hand over her mouth and she started struggling. He said, She replied, He replied, He started pulling her out of the side of her automobile, so she got out and he started pulling her into the woods. She started crying and begging him to leave her alone. He kept pulling her. He said, 'I'm not gonna hurt you, I'm not gonna hurt you, I just want to look at you.' She replied, He kept saying, He told her to pull her pants down, and she told him, 'No.' Defendant said, 'I said pull them down, or I'll kill you.' So she pulled up her dress and started pulling her pants down and could not get them down. He took his hands and jerked them and pulled them down just as fast as he could, and he told her to lie down on the ground. She told him that she was not. He said, She said, He got on top of her on the ground, unzipped his pants and had intercourse with her. He had his arms on her arms, and they were pinned back on the ground. She was crying. Miss Daniels testified that she 'did not at any time consent or agree to have intercourse' with the defendant. She testified that she was afraid that if she did not submit to the defendant's demands he would kill her. She testified, He heard a car coming. He got up and said, 'Get up, get up.' She got up and was trying to pull her pants up and said, 'I can't get them up.' He started coming at her and she jerked them up any way she could. He said, 'Come on, come on.' She could hardly walk. He took her by her arm and dragged her out of the woods. She never saw an automobile, but she heard one. He told her to take him to the end of the road at Dix Hill. She took him there and when she let him out, defendant said that he was married and had a baby and asked her not to tell anybody about it. She let him out at the road a Dix Hill. When he got out she went straight to her fiance's house. When she got there, her fiance, Robert Calvin Stephens, was washing his automobile. She could not get out of the automobile and could not move. She opened the automobile door and started screaming for Robert to come to her. She told him what had happened. She was hurting so she could not move. It hurt her when she was penetrated because she had never been touched before and was a virgin. Her fiance got a neighbor to call the sheriff's department and carry her to a local hospital. At the hospital she talked with the sheriff's deputies and with Dr. Clifford C. Byrum.
Dr. Byrum examined her in the hospital. Her clothes were ruffled and she had beggar lice over her clothing and quite a bit of dirt on her legs. She was quite upset emotionally. He made a general examination and pelvic examination. He swabbed her entire vagina for smears. From the smears he found sperms. She told Dr. Byrum that she had been raped by a Negro.
About 8 p.m. on 9 October 1967 Richard Branch, a deputy sheriff with the Wake County Sheriff's Department, saw Carolyn Wayne Daniels at Wake Memorial Hospital. She was there with her present husband. He talked with Carolyn. She told him what had occurred, which is substantially what we have related above. When he saw her at the hospital, she was in a highly nervous condition. The next day he had Carolyn Daniels and her fiance meet him at the sheriff's office at approximately 5 p.m. He took an unmarked car and went back to the parking lot where Carolyn saw the defendant the previous evening. They arrived there about 5:10 and sat there until about 5:45 observing Negroes with construction helmets. About 5:45 p.m. Carolyn stated to him, 'That's the man right there, getting out of the back of that pickup truck.' The man she identified was the defendant. Defendant got out of the pickup truck on Lenoir Street and walked east on Lenoir Street towards Fayetteville Street. The officer asked Carolyn and her fiance to get out of his automobile and go to the Sheriff's Department and wait for him, and then he pulled his automobile in behind defendant at the Shell station on Fayetteville Street and asked him to come to his car. He asked defendant for his identification, at which time he took out of his wallet a selective service card with the name 'James Lee Primes' on it. He told Primes that he was a deputy sheriff and that he was running an investigation on a crime, that he was not under arrest, and wanted to know if he would go of his own free will with him to a magistrate's office and let him talk to him, and defendant stated that he did not mind. Primes had on a yellow helmet at that time. He rode with him to the magistrate's office. Carolyn Daniels came there later. They had a lineup at the jail, with the consent of James Lee Primes. There were seven men in the lineup--all Negroes. In the lineup she identified Primes as the man who had assaulted her.
W. E. Weathersbee is a member of the City-County Bureau of Identification. He has been employed there for two years and his duties are to gather evidence, fingerprints, take pictures, and other things. About 8 p.m. on 9 October 1967 he was called to Wake Memorial Hospital where he met Deputy Sheriffs Howell and Branch. Carolyn Wayne Daniels was there. He went back into the emergency room in the hospital and saw her lying on the table. Beggar lice were in her hose. After observing her, he followed her fiance to where Miss Daniels' car was parked near a trailer. He dusted the right front door of this automobile, the trunk lid, and a jack which was in the trunk. He lifted...
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