{
  "id": 8554870,
  "name": "STATE OF NORTH CAROLINA v. TOMMY HEFFNER",
  "name_abbreviation": "State v. Heffner",
  "decision_date": "1968-07-10",
  "docket_number": "",
  "first_page": "597",
  "last_page": "599",
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      "cite": "1 N.C. App. 597"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name": "N.C."
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      "category": "reporters:state_regional",
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    {
      "cite": "138 N.C. 599",
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      "cite": "147 S.E. 2d 548",
      "category": "reporters:state_regional",
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      "opinion_index": 0
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    {
      "cite": "267 N.C. 90",
      "category": "reporters:state",
      "reporter": "N.C.",
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  "last_updated": "2023-07-14T18:11:01.747951+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Campbell and Morris, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. TOMMY HEFFNER."
    ],
    "opinions": [
      {
        "text": "Britt, J.\nThe only assignments of error brought forward in defendant\u2019s brief relate to those portions of the judge\u2019s charge to the jury, regarding the lesser offense of assault with a deadly weapon, as follows:\n\u201c. . . and I instruct you that if you find from the evidence beyond a reasonable doubt, the burden being upon the State to so satisfy you that on the 3rd day of December, 1967, the defendant, Tommy Heffner, with a knife, cut the throat of the witness Hazel Carter, without intent to kill or without inflicting serious bodily harm upon her, then it would be your duty to find the defendant guilty of assault with a deadly weapon.\ntt *\nAnd:\n\u201cI instruct you that if you find from the evidence beyond a reasonable doubt, the burden being upon the State to so convince you, that on the 3rd day of December, 1967, the defendant Tommy Heffner cut his wife, Evelyn, in various places with a butcher knife without any intent to kill or without inflicting any serious bodily harm not resulting in death ... if you are so satisfied beyond a reasonable doubt, it would be your duty to return a verdict of guilty of assault with a deadly weapon.\u201d\nDefendant contends that his rights were prejudiced by the quoted portions of the charge because \u201cthe trial judge failed to state that the jury was required to find intent in order to convict the defendant.\u201d\nIt has -been held repeatedly by the Supreme Court of our State that \u201cthe charge of the court will be construed contextually, and segregated portions will not be held prejudicial error when the charge as a whole is free from objection.\u201d 3 Strong, N. C. Index 2d, Criminal Law, \u00a7 168, citing numerous cases. When his Honor\u2019s charge is reviewed as a whole, it is found to be free from prejudicial error.\nPrior to giving the quoted instructions, the trial court defined the word assault according to the decisions of our Supreme Court and particularly as reviewed in 1 Strong, N. C. Index 2d, Assault and Battery, \u00a7 4. He then proceeded to give proper instructions regarding the other four elements of a felonious assault, including the element of intent to kill. On this element, he gave the following instruction :\n\u201cNow, as to the third element, the intent to kill ... no special intent is required beyond the intent to commit an unlawful act which may be inferred or presumed from the nature of the assault and the attendant circumstances. It is for you the jury to determine from the facts and circumstances whether the assault was committed with the specific intent to kill.\u201d\nThis was followed by instructions on the lesser offense of assault with a deadly weapon, and on this offense, he included the following instruction:\n\u201cIn order to convict of this offense, the State must prove from the evidence and beyond a reasonable doubt two things. First, that the defendant committed an assault upon another; and, second, that in so doing, the defendant used a deadly weapon. The instructions I have given you as to the definition of assault with a deadly weapon apply as to the lesser included offense of assault with a deadly weapon.\u201d\nThe defendant testified in his own behalf, admitted cutting the prosecuting witnesses, but contended that he did so in self-defense. The trial judge very properly gave instructions on self-defense following each of the portions of the charge complained of.\nAs was said by our Supreme Court in State v. Hall, 267 N.C. 90, 147 S.E. 2d 548: \u201cWhen a charge presents the law fairly and clearly to the jury, it will afford no ground for reversing the judgment, though some of the expressions, when standing alone, might be regarded as erroneous. State v. Exum, 138 N.C. 599, 50 S.E. 283.\u201d\nThe defendant had a fair trial, free from prejudicial error, and the judgment of the Superior Court is\nAffirmed.\nCampbell and Morris, JJ., concur.",
        "type": "majority",
        "author": "Britt, J."
      }
    ],
    "attorneys": [
      "T. Wade Bruton, Attorney\u25a0 General, by Millard R. Rich, Jr., Assistant Attorney General, for the State.",
      "Lewis Bulwinkle, Attorney for defendant a'p'pellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. TOMMY HEFFNER.\n(Filed 10 July 1968.)\n1. Criminal Law \u00a7 168\u2014\nThe charge of the court will he construed contextually, and segregated portions will not be held prejudicial error when the charge as a whole is free from objection.\n3. Assault and Battery \u00a7 15\u2014\nIn a prosecution for felonious assault, the charge of the court when reviewed as a whole properly instructed the jury as to (1) the elements of the offense of felonious assault, including the intent to kill, (2) the lesser offense of assault with a deadly weapon, and (3) the law of self-defense.\n3. Criminal Law \u00a7 168\u2014\nWhen a charge presents the law fairly and clearly to the jury, it will afford no ground for reversing the judgment, though some of the expressions, when standing alone, might be regarded as erroneous.\nAppeal by defendant from Snepp, J., 25 March 1968 Criminal Session of GastoN Superior Court.\nDefendant was charged under two bills of indictment, proper in form, charging him with a felonious assault with a pocket knife on one Hazel Carter and a felonious assault with a butcher knife on his wife, Evelyn Heffner.\nThe defendant pled not guilty to the charges and testified in his own behalf, contending that he cut each of the prosecuting witnesses in self-defense. The evidence disclosed. that defendant was serving a prison sentence at the time of the alleged assaults and that he was home on a weekend visit.\nThe jury found the defendant guilty of assault with a deadly weapon in both cases and from sentence of two years in prison in each case, he appealed.\nT. Wade Bruton, Attorney\u25a0 General, by Millard R. Rich, Jr., Assistant Attorney General, for the State.\nLewis Bulwinkle, Attorney for defendant a'p'pellant."
  },
  "file_name": "0597-01",
  "first_page_order": 619,
  "last_page_order": 621
}
