State v. Wilson, 7415SC720
| Decision Date | 16 October 1974 |
| Docket Number | No. 7415SC720,7415SC720 |
| Citation | 23 N.C.App. 341,208 S.E.2d 898 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Ronald Gregory WILSON. |
James H. Carson, Jr., Atty. Gen., by Associate Atty. Gen. Charles J. Murray, Raleigh, for the State.
Haywood, Denny & Miller by Emery B. Denny, Jr., and William N. Farrell, Jr., Chapel Hill, for the defendant appellant.
The first question for resolution on this appeal is whether the trial court erred in denying the defendant's motions for judgment as of nonsuit.
The State's evidence tended to show the following: Jackie Diane Snipes was the owner of a 1973 green and tan Cutlass automobile on 11 October 1973. Jackie Snipes lives in Chapel Hill and works for the University of North Carolina. On the morning of 11 October 1973 her boyfriend, Mel Baker, drove her to work and took her car to Baker's 66 Service Station on West Franklin Street in Chapel Hill, where he worked, for servicing. Jackie Snipes did not know the defendant and did not give him permission to drive her car on that day. She did not give Mel Baker permission to let anyone drive her car.
Mel Baker testified that he parked the car in the service station lot. He testified that he saw the Snipes car leave the lot at approximately 11:25 a.m. It was headed east on Franklin Street towards Durham. He further testified that he did not know the defendant and had not given anyone permission to borrow the car.
Officer C. E. Baldwin of the Durham Police Department testified that at about 11:25 a.m. on 11 October 1973 he received a report to be on the lookout for a green and tan Cutlass headed toward Durham from Chapel Hill which had allegedly been stolen. About ten or fifteen minutes later, Officer Baldwin saw a car fitting this description headed north on I--85. He gave a pursuit and stopped the vehicle. Officer Baldwin testified that the defendant was driving the automobile and that the defendant was unable to produce a registration card for the car. Upon checking the license number of the automobile through the Department of Motor Vehicles, Officer Baldwin discovered that the car belonged to Jackie Diane Snipes. Baldwin further testified that the defendant denied he had stolen the car and that the defendant stated he had borrowed the car from a friend so that he could go to Durham to renew his driver's license.
The defendant contends that the State failed to introduce sufficient evidence to establish that the defendant intended to permanently deprive Jackie Diane Snipes of her automobile. He contends that the exculpatory statements of the defendant introduced by the State are not contradicted by other facts and circumstances and that they negate the existence of a 'felonious intent' on the part of the defendant.
It is well establish that '(w)here some of the...
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