State v. White, 336
| Decision Date | 12 April 1967 |
| Docket Number | No. 336,336 |
| Citation | 270 N.C. 78,153 S.E.2d 774 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Bobby Jr. WHITE. |
T. W. Bruton, Atty. Gen., Millard R. Rich, Jr., Asst. Atty. Gen., for the State.
J. E. Holshouser, Sr., Boone, for defendant appellant.
The defendant has raised a number of objections to the trial. For example, he contends the knife with which the cutting wounds were inflicted was not shown to be a deadly weapon; and the evidence was insufficient to show intent to kill. The evidence disclosed the knife was 7 inches long. While the blade length is not given, one of the wounds extended from the back of the neck to the point of the chin. It was 1/2 inch deep at places. This wound was of sufficient depth, seriously to have endangered the victim's life. The evidence was sufficient to support the finding the knife was a deadly weapon. Likewise, the evidence was sufficient to support the finding the defendant used it with intent to kill and that he inflicted serious injuries not resulting in death. Motion for nonsuit of the felony charge was properly denied. G.S. § 14--32; State v. Jones, 258 N.C. 89, 128 S.E.2d 1.
Counsel for defendant, realizing his objections to the trial are technical and not too impressive, urgently insists, however, that the defendant is entitled to his release because of failure of the State to bring him '* * * to trial within eight (8) months after he shall have caused to be sent to the solicitor of the court in which said criminal charge is pending, by registered mail, written notice of his place of confinement and request for final disposition of the criminal charge against him, * * *' as provided in G.S. § 15--10.2.
The defendant offered evidence tending to show, and the Court found, that after the bill of indictment was returned the Court caused to be filed with the prison authorities a detainer requesting the defendant, then a prisoner, be held to answer the charge then pending in Watauga County. On January 8, 1966 the defendant wrote to the Clerk of the Superior Court of Watauga County requesting he be returned to that county for trial as provided in G.S. § 15--10.2. The Court's Finding of Fact No. 7 is here quoted:
'That defendant has never sent to the Solicitor of this District, by registered mail, a written notice, pursuant to G.S. 15--10.2; and never had sent a certificate from the Director of Prisons to the Solicitor of this District, pursuant to G.S. 15--10.2...
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State v. Frank
...classification as an inmate, his chances for parole, work release, good behavior credits, or in any other respect. See State v. White, 270 N.C. 78, 153 S.E.2d 774 (1967). We conclude that the length of the delay was not unreasonable and the delay itself was not prejudicial to defendant in p......
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State v. Roberts
...to go to the jury on the question of serious injury. Knife wounds requiring sixty-four stitches to close were held in State v. White, 270 N.C. 78, 153 S.E.2d 774 (1967), to be sufficient to support a finding of serious injury. See also State v. Hefner, 199 N.C. 778, 155 S.E. 879 (1930); Sta......
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State v. Boone, 382A82
...which required two visits to the doctor. The victim testified that he continued to have cramps and pain in his legs]; State v. White, 270 N.C. 78, 153 S.E.2d 774 (1967) [knife wounds requiring 64 stitches to close the wounds]; State v. Roberts, 293 N.C. 1, 235 S.E.2d 203 (1977) [female vict......
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State v. McQueen
...entry of the order denying the motion of the defendant to dismiss the indictments on account of such alleged violation. State v. White, 270 N.C. 78, 153 S.E.2d 774 (1967). The defendant's next contention is that he has been denied his Sixth Amendment right to a speedy trial. The record befo......