State v. Stubbs, 658
| Decision Date | 14 January 1966 |
| Docket Number | No. 658,658 |
| Citation | 266 N.C. 274,145 S.E.2d 896 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Darrell Gray STUBBS. |
John A. Dwyer, Whiteville, for defendant.
Atty. Gen. T. W. Bruton, Staff Atty. Andrew A. Vanore, Jr., Raleigh, for the State.
The appellant sets out eighteen assignments of error in his case on appeal. However, none of these assignments are brought forward in his brief and argued, or authority cited in support thereof, as required by Rule 28 of the Rules of Practice in the Supreme Court, 254 N.C. 810.
The defendant concedes that if the statements made by him to the State's witnesses were properly admitted, the evidence was sufficient to withstand the defendant's motion for judgment as of nonsuit, interposed at the close of the State's evidence and renewed at the close of all the evidence.
The defendant contends, however, that the court below committed error in allowing witnesses to testify as to the statements made by the defendant in the absence of a showing that such statements were made voluntarily. The evidence with respect to the statements made by the defendant were admitted without objection.
As a general rule, a confession is presumed to be voluntary, and the burden is on the accused to show to the contrary. State v. Hamer, 240 N.C. 85, 81 S.E.2d 193; State v. Grass, 223 N.C. 31, 25 S.E.2d 193; State v. Richardson, 216 N.C. 304, 4 S.E.2d 852. Likewise, in 20 Am.Jur., Evidence, § 536, page 456, it is said: 'In a majority of the jurisdictions a confession is presumed to be, or is regarded as prima facie, voluntary and, hence, if not objected to by the defendant, should be admitted in evidence by the court, unless there is something in the confession which indicates its inadmissibility. * * *.'
The defendant's contention is without merit.
The appellant further argues and contends in his brief that the court committed error in its charge to the jury in defining 'breaking and entering.' However, the appellant does not set out any part of the charge with an exception entered thereto, as required by the Rules of this Court, in challenging the correctness of the charge. Even so, the alleged error argued in the brief is that, in charging on breaking and entering, the court failed to charge that the breaking had to be 'unlawful' or 'wrongful.' The court, after reading the pertinent provisions of G.S. § 14-54, and charging with respect thereto on breaking and entering, then stated:
'So, on the first count contained in the Bill of Indictment, that is the count of breaking and entering, if the State has satisfied you from the evidence and beyond a reasonable doubt that on or about the 26th day of November, 1963, the defendant Darrell Gray Stubbs broke and entered or aided and abetted and assisted in the breaking and entering of Leder Brothers, Inc., building here, and further satisfied you from the evidence and beyond a reasonable doubt that valuable securities were in said building, and that he * * * intentionally broke and entered with the intent to commit the felony of larceny, that is to take, steal, and carry away the personal property of Leder Brothers kept in said building, and further, with the felonious intent to permanently deprive Leder Brothers of its personal property and convert it to his, that is Mr. Stubbs' own use or the use of some other person not entitled thereto, then it will be your duty to return a verdict of guilty as charged in the first count in the Bill of Indictment.'
If one breaks and enters or enters with intent to commit a felony, he does so unlawfully, and the contentions of the defendant are...
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State v. Vickers, 739
...in instant case is virtually silent concerning circumstances surrounding the admissions or confession. In the case of State v. Stubbs, 266 N.C. 274, 145 S.E.2d 896, the defendant contended that the trial court committed error in allowing witnesses to testify to statements made by the defend......
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State v. Williams, 41
...contrary appears (State v. Mays, 225 N.C. 486, 35 S.E.2d 494; State v. Rogers, supra (233 N.C. 390, 64 S.E.2d 572); State v. Stubbs, supra (266 N.C. 274, 145 S.E.2d 896)), and that when a confession is offered into evidence the burden is on defendant to show the contrary. State v. Hamer, su......
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State v. Boone
...and rearranged it. See 1969 Session Laws, Ch. 543, § 3.2 The state argues that this Court adopted a contrary view in State v. Stubbs, 266 N.C. 274, 145 S.E.2d 896 (1966). We do not read Stubbs so broadly. There is language, unsupported by authority, in Stubbs which supports the state's posi......
- State v. Walker, 670