State v. Sheffield
Decision Date | 25 November 1959 |
Docket Number | No. 444,444 |
Citation | 251 N.C. 309,111 S.E.2d 195 |
Parties | STATE of North Carolina v. William Hazard SHEFFIELD and Ernest Lee Partin. |
Court | North Carolina Supreme Court |
Malcolm B. Seawell, Atty. Gen., and Claude L. Love, Asst. Atty. Gen., for the State.
Taylor & Mitchell, Raleigh, for defendants, appellants.
The State's evidence shows these facts: About 10:45 p. m. on 15 November 1958 Ray Murray saw defendants at the corner of Swain Street in the city of Raleigh, when he was going west in the 500 block of East Edenton Street. He stepped out into the culvert to go around them. When he had passed them about 15 or 20 feet, defendants turned, and one of them hollered, and asked what he had on him. He replied, 'nothing.' They came towards him, and he started running. Murray testified: About 9:30 on the 17th or 18th of November 1958, Murray identified defendants in a lineup of five men as the men who robbed him.
Defendant Partin testified in his own behalf as follows: On cross-examination he testified:
Defendant Sheffield testified in his own behalf as follows: On cross-examination, he testified:
The only assignments of error are to the charge of the court to the jury.
The first assignment of error is to this part of the charge: 'The State alleges that, according to the evidence here, that they were involved in another robbery on the same night for which they were tried and penalized.'
After the State had rested its case, the learned judge, in accord with G.S. § 8-54, stated to the defendants, Whereupon, each defendant, according to the record, voluntarily and at his request, became a witness in his own behalf, and, therefore, was subject to cross-examination and impeachment as any other witness, and to the advantages and disadvantages of being a witness. G.S. § 8-54; State v. Hawkins, 115 N.C. 712, 20 S.E. 623; State v. Wentz, 176 N.C. 745, 97 S.E. 420; State v. Colson, 194 N.C. 206, 139 S.E. 230; State v. Farrell, 223 N.C. 804, 28 S.E.2d 560.
There is a distinction to be observed between the statement made by a prisoner on his preliminary examination before a magistrate under G.S. § 15-89, and his testimony given under G.S. § 8-54, as a witness on the trial of the cause. State v. Farrell, supra; State v. Hawkins, supra. On the former, he is advised of his rights, and such examination is not to be an oath. On the latter, the defendant, at his own request, but not otherwise, is competent but not compellable to testify, and, of...
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Foster v. State, s. 43
......1120, 89 S.Ct. 996, 22 L.Ed.2d 125 (1969), overruled on other grounds, 487 P.2d 831 (Alaska 1971); State v. Washington, 383 S.W.2d 518 (Mo.1964); State v. Sinclair, 57 N.J. 56, 269 A.2d 161 (1970); State v. Sayward, 66 Wash.2d 698, 404 P.2d 783 (1965); See State v. Sheffield", 251 N.C. 309, 111 S.E.2d 195 (1959); State v. King, 224 N.C. 329, 30 S.E.2d 230 (1944); State v. Holder, 153 N.C. 606, 69 S.E. 66 (1910). See generally, Annot., 67 A.L.R.3d 775 (1975). This is permissible regardless of whether the witness is the accused.\" (Emphasis added.) . \xC2"......
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State v. Finch
...State v. Sinclair, 57 N.J. 56, 269 A.2d 161 (1970); State v. Sayward, 66 Wash.2d 698, 404 P.2d 783 (1965); see State v. Sheffield, 251 N.C. 309, 111 S.E.2d 195 (1959); State v. King,224 N.C. 329, 30 S.E.2d 230 (1944); State v. Holder, 153 N.C. 606, 69 S.E. 66 (1910). See generally, Annot., ......
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State v. Monk
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State v. Levan, 234A88
...that he could escape. It is well settled in this state that an escape from custody constitutes evidence of flight. State v. Sheffield, 251 N.C. 309, 111 S.E.2d 195 (1959); State v. Miller, 26 N.C.App. 190, 215 S.E.2d 181 (1975). Evidence of defendant's attempt to escape provides additional ......