{
  "id": 8555552,
  "name": "STATE OF NORTH CAROLINA v. FLORA ANN COLSON",
  "name_abbreviation": "State v. Colson",
  "decision_date": "1971-05-26",
  "docket_number": "No. 7115SC298",
  "first_page": "436",
  "last_page": "437",
  "citations": [
    {
      "type": "official",
      "cite": "11 N.C. App. 436"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 192,
    "char_count": 2515,
    "ocr_confidence": 0.553,
    "sha256": "b6bf72f326b9f03d91ae4118a015f8dd170c44e968604e887209e8c8298d3c6f",
    "simhash": "1:1ca8967ef61e74e4",
    "word_count": 409
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  "last_updated": "2023-07-14T15:10:46.806740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Graham concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. FLORA ANN COLSON"
    ],
    "opinions": [
      {
        "text": "BRITT, Judge.\nThe two asignments of error brought forward and argued in defendant\u2019s brief relate to the trial court\u2019s instructions to the jury.\nIn her first assignment of error, defendant contends that in recapitulating certain evidence, the court expressed an opinion which was prejudicial to the defendant, in violation of G.S. 1-180. We disagree with this contention. In the first place, we do not think the portion of the charge complained of constituted an expression of opinion. Furthermore, just before the trial judge submitted the case to the jury, he said: \u201cThe Court has no opinion, ladies and gentlemen, as to what your verdict should be in this case, and the Court does not intimate an opinion.\u201d We perceive no prejudice. The assignment of error is overruled.\nIn her second assignment of error, defendant contends that the court in its instructions relating to the law of self-defense failed to apply the law to the facts, in violation of G.S. 1-180. We disagree with this contention and conclude that the trial judge adequately applied the law of self-defense to the evidence introduced in the trial. The assignment of error is overruled.\nAfter a careful review of the entire record, we conclude that the defendant received a fair trial, free from prejudicial error, and that the sentence imposed was well within the limits prescribed by statute.\nNo error.\nJudges Campbell and Graham concur.",
        "type": "majority",
        "author": "BRITT, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Assistant Attorney General Robert G. Webb for the State.",
      "Manning, Allen & Hudson by Marcus Hudson for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. FLORA ANN COLSON\nNo. 7115SC298\n(Filed 26 May 1971)\nCriminal Law \u00a7 113\u2014 instructions \u2014 expression of opinion \u2014 application of law to evidence\nIn this prosecution for assault with a deadly weapon, the trial court did not express an opinion in recapitulating the evidence and did not fail to apply the law of self-defense to the evidence. G.S. 1-180.\nAppeal by defendant from Canaday, Judge, at the 7 December 1970 Criminal Session of Orange Superior Court.\nBy indictment proper in form, defendant was charged with unlawfully, wilfully, and feloniously assaulting Darlene Thompson with a deadly weapon, to wit: a pistol, by shooting her with same with the felonious intent to kill and murder the said Darlene Thompson, inflicting serious injuries not resulting in death. The jury returned a verdict of guilty as charged and from judgment imposing prison term of not less than three nor more than five years, defendant appealed.\nAttorney General Robert Morgan by Assistant Attorney General Robert G. Webb for the State.\nManning, Allen & Hudson by Marcus Hudson for defendant appellant."
  },
  "file_name": "0436-01",
  "first_page_order": 460,
  "last_page_order": 461
}