State v. Thompson

Citation285 N.C. 181,203 S.E.2d 781
Decision Date10 April 1974
Docket NumberNo. 5,5
CourtUnited States State Supreme Court of North Carolina
PartiesSTATE of North Carolina v. Colley THOMPSON.

Robert Morgan, Atty. Gen. by Raymond W. Dew, Jr., Asst. Atty. Gen., Raleigh, for the State.

Grover Prevatte Hopkins, Tarboro, for defendant appellant.

HIGGINS, Justice.

Defense counsel of record was privately employed throughout the trial in the superior court. Thereafter, upon a showing of the defendant's indigency, Mr. Hopkins was appointed by the trial court to prosecute this appeal. At all stages he has been careful and vigilant in discharging his duties as counsel in these cases.

Immediately following his employment, counsel moved for and obtained an order committing the defendant to Cherry Hospital for psychiatric examination. Thereafter at the arrignment and before plea, counsel filed an affidavit stating that Dr. Camp, a psychiatrist in Florence, South Carolina, in 1972 examined the defendant and found him to be 'very psychotic,' 'depressed and paranoid.' Upon the basis of the affidavit, the defendant first moved for a bifurcated trial on the issue of the defendant's mental capacity to stand trial, and that the issue be tried by a jury and not by the court. The motion was denied.

By his first assignment of error the defendant challenges the court's denial of his motion for a jury trial on the question of defendant's competency to stand trial. It is not contended, however, that the defendant became mentally irresponsible after the homicide and before the trial. The mental capacity to plead and assist in the defense were preliminary question to determine whether there should be a trial.

The preliminary question of a defendant's mental capacity to plead to a bill of indictment and to aid in the preparation and conduct of his defense, is properly a question to be decided by the trial judge. The rule is stated in State v. Propst, 274 N.C. 62, 161 S.E.2d 560: 'Ordinarily, it is for the court, in its discretion, to determine whether the circumstances brought to its attention are sufficient to call for a formal inquiry to determine whether defendant has sufficient mental capacity to plead to the indictment and conduct a rational defense. . . . Whether defendant is able to plead to the indictment and conduct a rational defense should be determined prior to the trial of defendant for the crime charged in the indictment. . . . ' (T)he defendant's capacity to enter upon a trial, should be determined before he is put upon the trial; . . ." See also State v. Moore, 245 N.C. 158, 95 S.E.2d 548; State v. Sullivan, 229 N.C. 251, 49 S.E.2d 458; State v. Khoury, 149 N.C. 454, 62 S.E. 638.

In this case, Judge Webb after a voir dire hearing in the absence of the jury, upon the basis of lay and expert testimony, found the defendant was competent to stand trial. The facts found and the conclusion drawn from them are supported by the evidence before the court. The defendant's assignment of error is not sustained. State v. Humphrey, 283 N.C. 570, 196 S.E.2d 516; State v. Spence, 271 N.C. 23, 155 S.E.2d 802.

The defendant has excepted to and assigned as error the court's admission of his confession before the jury. When the State indicated its intention to offer the defendant's confession in evidence, the court excused the jury and conducted a thorough voir dire. Sheriff Womble of Nash County and Mr. W. F. Dowdy, Special Agent of the State Bureau of Investigation, testified the defendant was given all warnings and cautions required by the State and Federal rules of evidence; that the defendant understood them and freely and voluntarily waived the right to have counsel present. He told the officers that he had shot Miss Breedlove with a pistol taken from the place of business; and that he took $50 or $60 from the cash register and left for South Carolina.

One of the store's customers, Mr. Deans, had seen the defendant at the store on other occasions, had been suspicious, and had noted the South Carolina license number of the Pontiac automobile he was driving. This license number led to the defendant's almost immediate arrest in South Carolina.

When confronted by Deans' story, defendant confessed, first stating he threw the pistol in a pond, later saying he sold it to a boy in South Carolina for $20.00. The officers recovered the pistol. The serial number on the box in which it came was the same as the number on the pistol. The ballistics test disclosed that the bullet which caused the death of Miss Breedlove had been fired from that pistol.

The defendant did not offer evidence on the voir dire which the court held to determine the admissibility of the confession. The defendant was in lawful custody under a fugitive warrant. He waived extradition and consented to accompany the North Carolina officers to Nash County. The admissions dovetailed with the...

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11 cases
  • State v. Young
    • United States
    • North Carolina Supreme Court
    • June 6, 1975
    ...evidence and are conclusive on appeal. State v. Simmons, 286 N.C. 681, 213 S.E.2d 280 (1975); State v. Pruitt, supra; State v. Thompson, 285 N.C. 181, 203 S.E.2d 781, cert. denied 419 U.S. 867, 95 S.Ct. 123, 42 L.Ed.2d 104 (1974); State v. Stepney, 280 N.C. 306, 185 S.E.2d 844 (1972). Only ......
  • State v. Boyd
    • United States
    • North Carolina Supreme Court
    • May 6, 1975
    ...for trial the State could proceed on each indictment separately without relying on the felony murder rule. State v. Thompson, 285 N.C. 181, 203 S.E.2d 781 (1974). Under this procedure had the defendant been convicted of both first degree murder and first degree burglary he could have been s......
  • State v. Carey
    • United States
    • North Carolina Supreme Court
    • October 7, 1975
    ...287 N.C. 377, 214 S.E.2d 763 (1975); State v. Simmons, 286 N.C. 681, 213 S.E.2d 280 (1975); State v. Pruitt, supra; State v. Thompson, 285 N.C. 181, 203 S.E.2d 781, Cert. denied, 419 U.S. 867, 95 S.Ct. 123, 42 L.Ed.2d 104 (1974). Thus, we adhere to our former opinion holding this evidence a......
  • State v. Gordon
    • United States
    • North Carolina Supreme Court
    • May 6, 1975
    ...completely volunteered his statement. These findings, having support in the evidence, are conclusive on appeal. State v. Thompson,285 N.C. 181, 203 S.E.2d 781 (1974); State v. Frazier, 280 N.C. 181, 185 S.E.2d 652 (1972); State v. Hill, 276 N.C. 1, 170 S.E.2d 885 (1969); State v. Vickers, 2......
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