{
  "id": 8552408,
  "name": "STATE OF NORTH CAROLINA v. JAMES ALTON WILLIAMS, CHARLIE EARL BOYD, JR. and THERMAN DAVENPORT",
  "name_abbreviation": "State v. Williams",
  "decision_date": "1970-12-16",
  "docket_number": "No. 703SC623",
  "first_page": "183",
  "last_page": "184",
  "citations": [
    {
      "type": "official",
      "cite": "10 N.C. App. 183"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "153 S.E. 2d 63",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "269 N.C. 550",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8564771
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/269/0550-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 154,
    "char_count": 1964,
    "ocr_confidence": 0.54,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.2059401918799127
    },
    "sha256": "d7d648bc992c81a9fe3591898a5775f3fdef12d50be97aafa8dd03be90ca2a5f",
    "simhash": "1:5da6556de215bd0d",
    "word_count": 322
  },
  "last_updated": "2023-07-14T19:51:53.441044+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Mallard and Judge Graham concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES ALTON WILLIAMS, CHARLIE EARL BOYD, JR. and THERMAN DAVENPORT"
    ],
    "opinions": [
      {
        "text": "PARKER, Judge.\nAfter a voir dire hearing, the trial court allowed in evidence testimony of a deputy sheriff concerning extrajudicial confessions which each defendant had made while in the presence of the others. In its charge the court instructed the jury that if they should find from the evidence beyond a reasonable doubt that the confession was made, they were \u201cnot concerned with whether it was freely and voluntarily made, because the court has ruled it was freely and voluntarily made.\u201d In this instruction the court committed error.\n\u201cIt is error for the judge to instruct the jury that he has ruled or determined that the statements, if any, attributed to defendant, were made by defendant freely and voluntarily.\u201d State v. Logner, 269 N.C. 550, 153 S.E. 2d 63. For error in the charge, defendants are awarded a\nNew trial.\nChief Judge Mallard and Judge Graham concur.",
        "type": "majority",
        "author": "PARKER, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Staff Attorneys Howard P. Satisky and Walter Ricks III, for the State.",
      "Clifton W. Everett, Jr., for defendant appellants, James Alton Williams and Charlie Earl Boyd, Jr.",
      "James T. Cheatham for defendant appellant, Therman Davenport."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES ALTON WILLIAMS, CHARLIE EARL BOYD, JR. and THERMAN DAVENPORT\nNo. 703SC623\n(Filed 16 December 1970)\nCriminal Law \u00a7 76\u2014 instruction that confession, if made, was voluntary\nThe trial court erred in instructing the jury that if they should find from the evidence beyond a reasonable doubt that a confession was made by each defendant, they were \u201cnot concerned with whether it was freely and voluntarily made, because the court has ruled it was freely and voluntarily made.\u201d\nAppeal by defendants from Parker, /., June 1970 Session of Pitt Superior Court.\nThe three defendants were jointly indicted and tried for the crime of attempting to burn a dwelling house, a violation of G.S. 14-67. Each defendant pleaded not guilty, was found guilty by the jury, and appealed from the sentence imposed.\nAttorney General Robert Morgan by Staff Attorneys Howard P. Satisky and Walter Ricks III, for the State.\nClifton W. Everett, Jr., for defendant appellants, James Alton Williams and Charlie Earl Boyd, Jr.\nJames T. Cheatham for defendant appellant, Therman Davenport."
  },
  "file_name": "0183-01",
  "first_page_order": 207,
  "last_page_order": 208
}