{
  "id": 8552305,
  "name": "STATE OF NORTH CAROLINA v. JOHN \"BUD\" OUTEN",
  "name_abbreviation": "State v. Outen",
  "decision_date": "1971-12-15",
  "docket_number": "No. 7120SC636",
  "first_page": "246",
  "last_page": "247",
  "citations": [
    {
      "type": "official",
      "cite": "13 N.C. App. 246"
    }
  ],
  "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": "183 S.E. 2d 812",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "12 N.C. App. 566",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8551247
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/12/0566-01"
      ]
    },
    {
      "cite": "181 S.E. 2d 561",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "279 N.C. 1",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8565516
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc/279/0001-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 174,
    "char_count": 2043,
    "ocr_confidence": 0.539,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20593768208107885
    },
    "sha256": "7039015195b27b20186dd4f030afdf9b48537274a9ea777cfceb4fc6d119f760",
    "simhash": "1:dd71d0ef40d46e83",
    "word_count": 334
  },
  "last_updated": "2023-07-14T21:18:15.024983+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Vaughn concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JOHN \u201cBUD\u201d OUTEN"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nDefendant was arrested by the Sheriff of Union County on 23 October 1970. He was given the full Miranda warnings and he stated that he understood his rights. He confessed fully and this confession was admitted in evidence at his trial.\nBefore admitting defendant\u2019s confession in evidence, the trial judge properly conducted a voir dire, and, based upon competent evidence, made findings of fact and appropriately concluded that the confession was freely, understandingly, and voluntarily given. However, there was no evidence and no finding of facts with respect to defendant\u2019s indigency at the time of the interrogation, and there was no evidence or finding relative to whether, if indigent, defendant signed a written waiver of counsel.\nThis case was tried before the opinion in State v. Lynch, 279 N.C. 1, 181 S.E. 2d 561 (filed 10 June 1971); even so, the rule enunciated therein is applicable. On the authority of State v. Lynch, supra, and State v. Jackson, 12 N.C. App. 566, 183 S.E. 2d 812, defendant is entitled to a new trial.\nNew trial.\nJudges Britt and Vaughn concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Eatman, for the State.",
      "James E. Griffin for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JOHN \u201cBUD\u201d OUTEN\nNo. 7120SC636\n(Filed 15 December 1971)\nCriminal Law \u00a7 75\u2014 in-custody statements \u2014 written waiver of counsel \u2014 findings on indigency\nThe trial court erred in admitting defendant\u2019s in-custody confession made on 23 October 1970 in the absence of counsel without ' making findings as to whether defendant was an indigent at the time of his interrogation, and if indigent, whether defendant signed a written waiver of counsel.\nAppeal by defendant from Thornburg, Judge, 10 May 1971 Session of Superior Court held in Union County.\nDefendant was charged in a bill of indictment with the murder of Chester Strawn. The jury returned a verdict of guilty of voluntary manslaughter and judgment of confinement for a period of not less than six nor more than eight years was entered. Defendant appealed.\nAttorney General Morgan, by Assistant Attorney General Eatman, for the State.\nJames E. Griffin for the defendant."
  },
  "file_name": "0246-01",
  "first_page_order": 270,
  "last_page_order": 271
}