{
  "id": 8547798,
  "name": "STATE OF NORTH CAROLINA v. LEROY HENRY, alias HENRY VANN",
  "name_abbreviation": "State v. Henry",
  "decision_date": "1972-03-29",
  "docket_number": "No. 7212SC186",
  "first_page": "174",
  "last_page": "175",
  "citations": [
    {
      "type": "official",
      "cite": "14 N.C. App. 174"
    }
  ],
  "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": {
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    "char_count": 2746,
    "ocr_confidence": 0.532,
    "sha256": "c3583837375b2b0a976bca3c7410ccb85419b1981ef698bddbba6bd56112dd60",
    "simhash": "1:92d33ab1b1af81d1",
    "word_count": 451
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  "last_updated": "2023-07-14T22:58:48.650385+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Brock and Vaughn concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. LEROY HENRY, alias HENRY VANN"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nThe two assignments of error argued in defendant\u2019s brief relate to the court\u2019s instructions to the jury.\nThe defendant contends the court committed prejudicial error \u201cby failing to correctly or sufficiently instruct the jury concerning the elements of the offense of possession of a narcotic drug,\u201d and \u201cby erroneously charging the jury concerning possible verdicts.\u201d A careful review of the charge reveals that the court fairly, adequately and correctly declared and explained the law arising on the evidence given in the case, and precisely and correctly instructed the jury as to the permissible verdicts.\nWe find and hold that the defendant had a fair trial free from prejudicial error.\nNo error.\nJudges Brock and Vaughn concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan and Associate Attorney Henry E. Poole for the State.",
      "Neill H. Fleishman, Assistant Public Defender, Twelfth Judicial District, for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. LEROY HENRY, alias HENRY VANN\nNo. 7212SC186\n(Filed 29 March 1972)\nNarcotics \u00a7 4.5\u2014 possession and sale of heroin \u2014 instructions\nThe trial court properly declared and explained the law arising on the evidence and correctly instructed the jury as to the permissible verdicts in a trial for the crimes of possession and sale of heroin.\nAppeal by defendant from Hall, Judge, 18 October 1971 Session of Superior Court held in Cumberland County.\nIn this criminal action the defendant and his attorney waived a bill of indictment and pleaded not guilty to the charges of possession of heroin, sale of heroin, and use of an automobile to facilitate the possession and sale of heroin as set out in an information signed by the solicitor. The State offered evidence tending to show that on 18 June 1971, at about 10:30 p.m., Devon E. Kinston, employed by the Criminal Investigation Division of the United States Army at Fort Bragg, North Carolina, went to the parking lot of Fayetteville State University where he purchased from the defendant \u201cone-half spoon\u201d of the narcotic drug heroin for $20. When the undercover agent purchased the heroin, the defendant was seated in a red and white Cadillac automobile.\nThe defendant testified that he was not in the Fayetteville State University parking lot in the late evening of 18 June 1971 and that he had never seen or sold any heroin to Devon E. Kinston. At the close of the State\u2019s evidence, the defendant\u2019s motion for judgment as of nonsuit was allowed as to the count charging the defendant with use of an automobile to facilitate the possession and sale of narcotics.\nThe jury found the defendant guilty of the possession and sale of the narcotic drug heroin, and from a judgment imposing a prison sentence of four years, the defendant appealed.\nAttorney General Robert Morgan and Associate Attorney Henry E. Poole for the State.\nNeill H. Fleishman, Assistant Public Defender, Twelfth Judicial District, for defendant appellant."
  },
  "file_name": "0174-01",
  "first_page_order": 200,
  "last_page_order": 201
}