State v. Spaulding
| Decision Date | 04 September 1979 |
| Docket Number | No. 10,10 |
| Citation | 257 S.E.2d 391,298 N.C. 149 |
| Parties | STATE of North Carolina v. Cardell SPAULDING. |
| Court | North Carolina Supreme Court |
Rufus L. Edmisten, Atty. Gen., by J. Michael Carpenter and Donald W. Stephens, Asst. Attys. Gen., Raleigh, for the State.
Wade M. Smith and Roger W. Smith, Raleigh, for defendant-appellant.
Defendant is charged with the murder of Hal Roscoe Simmons. At trial he admitted killing Simmons but offered evidence tending to show he did so out of fear because Simmons had threatened him and was advancing on him at the time of the killing. The trial court refused to instruct the jury on self-defense. We hold this was prejudicial error and order that defendant receive a new trial. We also discuss the admissibility of certain evidence offered by defendant relating to the issue of self-defense and defendant's assignment of error concerning the exclusion of prospective jurors for cause because of their attitudes on capital punishment.
At the time of the killing, both defendant and Simmons were inmates in Central Prison, quartered on J Block. J Block and the adjoining I Block are the most heavily secured sections in Central Prison. Inmates in these two blocks are not allowed contact with any other inmates in the prison. Their only contact with each other is for a period of one hour a day when they are given the option of going to a fenced-in area outside for recreation. The inmates are allowed out at this recreation period in small groups of not more than seven to nine men. They must undergo a strip search before they go out to the yard.
The state's evidence showed that Simmons was transferred from I Block to J Block on 8 February 1978. On 9 February he did not leave his cell for the recreation period; on 10 February, at about 9:30 a. m., he did. Some minutes thereafter defendant also left his cell to go onto the yard.
The procedure which is followed by an inmate on I or J Blocks who wished to go outside was described as follows: The inmate removes all his clothing except for his underwear and his shoes and hands it to a guard. The clothes are then searched. The inmate is handcuffed and walked to a security cage. He is placed in the cage, and it is locked. His handcuffs are removed. He then takes off the rest of his clothing, and his body cavities and hair are examined to ensure he has no weapons. He is given back his clothing and allowed to dress, after which a mechanical door to the security cage is opened so he can go outside.
Both Simmons and defendant went through this process. According to the state's evidence, as the door to the outside was being opened for defendant, he positioned himself so that it could not be closed. He then reached back and took a home-made knife that was handed him by Benny Linder, the inmate whose cell was next to the security cage. After receiving the knife, defendant stepped out into the yard, approached Simmons and stabbed him several times. Simmons ran up the stairs to I Block where he collapsed. Defendant laid the knife on a ledge and returned to J Block. Simmons died shortly after the stabbing. The cause of his death was a wound to the neck.
Defendant testified in his own behalf. He stated that he had been placed on J Block on 20 August 1977 after he had been stabbed by other prisoners on 26 June 1977. He did not know Hal Roscoe Simmons prior to 10 February 1978. On the morning of that day he heard someone yell out his name. He responded and the person yelling identified himself as Simmons. The following conversation then ensued:
Defendant testified that as a result of this conversation he feared that Simmons meant to stab him when they went out to the yard. He wanted to "talk it over" with Simmons but as a precaution he placed a knife which he had fashioned from a broken light fixture in the lining of his shoe. He then went out for recreation. According to defendant, the officer who searched his shoe did not find the knife.
Defendant stated that after he got outside he took the knife out of his shoe and put it in his pocket. As he came up to the other inmates, Simmons began advancing toward him with his hand "jammed" in his pocket. Defendant told Simmons he didn't want any trouble and didn't want to hurt him. Simmons said nothing and continued to advance. Defendant then took out his knife and stabbed Simmons.
Testimony of several inmates corroborated defendant's version of the events, both as to the conversation and the incident in the yard. Benny Linder denied having handed defendant the knife with which Simmons was killed. Several inmates said they heard Simmons threaten defendant. Each of the inmates who were in the recreation area at the time of the killing testified that Simmons was advancing toward defendant with his hand in his pocket.
The principal question presented on this appeal is whether the trial court erred in refusing to instruct the jury on self-defense. "In resolving this question the facts are to be interpreted in the light most favorable to defendant." State v. Watkins, 283 N.C. 504, 509, 196 S.E.2d 750, 754 (1973).
"A person may kill in self-defense if he be free from fault in bringing on the difficulty and if it is necessary, or appears to him to be necessary to kill so as to save himself from death or great bodily harm." State v. Davis, 289 N.C. 500, 509, 223 S.E.2d 296, 302, Death penalty vacated,429 U.S. 809, 97 S.Ct. 47, 50 L.Ed.2d 69 (1976). To be entitled to an instruction on self-defense, then, defendant had to present evidence tending to show (1) he was free from fault in the matter, and (2) it was necessary, or reasonably appeared to be necessary, to kill in order to protect himself from death or great bodily harm.
"The requirement that a defendant must be free from fault in bringing on the difficulty before he can have the benefit of the doctrine of self-defense ordinarily means that he himself must not have precipitated the fight by assaulting the decedent or by inciting in him the reaction which caused the homicide." State v. Jennings, 276 N.C. 157, 163, 171 S.E.2d 447, 451 (1970). When the evidence here is interpreted in the light most favorable to defendant, this requirement is satisfied. Defendant's only comments to Simmons were that he wanted no trouble with him and did not want to hurt him. This is not language tending to incite an affray. Defendant's evidence is that he was not the aggressor in the affray. Simmons was coming toward defendant with his hand "jammed" into his pocket. Defendant had made no show of force. He told Simmons he wanted no trouble. Simmons said nothing and continued advancing. According to other inmates, defendant backed up several steps to a fence in the yard before pulling out his knife and stabbing Simmons. All of this evidence tends to show Simmons was the aggressor. In going out into the yard, defendant was going to a place where he had a right to be. See State v. Guss, 254 N.C. 349, 118 S.E.2d 906 (1961). In arming himself as a precaution, in the context of this case, defendant was not at fault vis-a-vis the law of homicide so long as he did not use the knife or threaten decedent with it until it became necessary or apparently necessary to do so in self-defense.
The state relies on State v. Watkins, supra, 383 N.C. 504, 196 S.E.2d 750, and State v. Brooks, 37 N.C.App. 206, 245 S.E.2d 564 (1978), to support its contention that an instruction on self-defense was inappropriate. Both these cases are factually distinguishable. Defendant in Watkins sought out the deceased and approached to within five or six feet of him brandishing a shotgun. Deceased lunged at defendant and defendant shot him. Defendant in Brooks was an inmate in Caledonia Prison. He testified that he had an argument with another prisoner, James T. Williams, and that shortly afterwards he saw Williams get a knife and put it in his pocket. Williams then went to the bathroom area of the prison dormitory to take a shower. Defendant followed Williams to the shower area and waited for him. When Williams emerged and confronted defendant, he reached toward his pocket; defendant then pulled his own knife from his pocket and stabbed Williams.
In both Watkins and Brooks the defendants aggressively sought out their victims. In each case, the defendant's actions were of such a nature as to provoke the affray. Viewing the evidence in the light most favorable to defendant, such is not the case here. Defendant went out to the yard, a place where he had a right to be. He did not seek Simmons out for the purpose of a violent encounter. He neither did nor said anything to provoke Simmons. Instead, he repeatedly told Simmons he wanted no trouble. According to evidence presented by defendant, he was free from fault...
To continue reading
Request your trial
-
State v. Rook, 2
...Barfield, 298 N.C. 306, 259 S.E.2d 510 (1979), cert. denied, 448 U.S. 907, 100 S.Ct. 3050, 65 L.Ed.2d 1137 (1980); State v. Spaulding, 298 N.C. 149, 257 S.E.2d 391 (1979); State v. Cherry, supra, 298 N.C. 86, 257 S.E.2d 551, cert. denied, 446 U.S. 941, 100 S.Ct. 2165, 64 L.Ed.2d 796; State ......
-
State v. Avery
...291 N.C. 235, 229 S.E.2d 904 (1976); State v. Cherry, 298 N.C. 86, 257 S.E.2d 551 (1979); State v. Honeycutt, Supra: State v. Spaulding, 298 N.C. 149, 257 S.E.2d 391 (1979); State v. Taylor, 298 N.C. 405, 259 S.E.2d 502 In Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978) ......
-
State v. Pinch
...238, "you may recommend"); State v. Johnson, 298 N.C. 355, 259 S.E.2d 752 (1979) (R. at 111, "you may recommend"); State v. Spaulding, 298 N.C. 149, 257 S.E.2d 391 (1979) (R. at 333, "Based upon these considerations as instructed by the court, you will advise the court whether the defendant......
-
Bush v. Stephenson
...reasonably find the defendant acted without malice. See State v. Patterson, supra; State v. Hankerson, supra. Cf. State v. Spaulding, 298 N.C. 149, 257 S.E.2d 391 (1979); (same standard as it relates to self-defense instructions); State v. Rawley, 237 N.C. 233, 74 S.E.2d 620 (1953) ...