{
  "id": 8551880,
  "name": "STATE OF NORTH CAROLINA v. LITTLE HENRY HAYES",
  "name_abbreviation": "State v. Hayes",
  "decision_date": "1972-05-24",
  "docket_number": "No. 7223SC312",
  "first_page": "616",
  "last_page": "618",
  "citations": [
    {
      "type": "official",
      "cite": "14 N.C. App. 616"
    }
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  "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."
  },
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    {
      "cite": "160 S.E. 2d 49",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1968,
      "opinion_index": 0
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      "cite": "273 N.C. 377",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      ],
      "year": 1968,
      "opinion_index": 0,
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        "/nc/273/0377-01"
      ]
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    {
      "cite": "164 S.E. 2d 177",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1968,
      "opinion_index": 0
    },
    {
      "cite": "274 N.C. 438",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8560571
      ],
      "year": 1968,
      "opinion_index": 0,
      "case_paths": [
        "/nc/274/0438-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T22:58:48.650385+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Britt and Parker concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. LITTLE HENRY HAYES"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nThe defendant contends the Court erred in denying his motion for judgment as of nonsuit made at the close of all the evidence. We do not agree. When the evidence is considered in the light most favorable to the State, it is sufficient to raise an inference that the defendant placed the two brown and clear capsules containing the stimulant drug amphetamine in the aqua colored paper which he then put in the library book and gave to Brenda Sue Faw. We hold the evidence was sufficient to require the submission of the case to the jury and to support the verdict.\nThe defendant contends that since he did not testify or offer evidence, the judge made \u201cprejudicial remarks\u201d when he stated the defendant\u2019s contentions to the jury. The defendant\u2019s plea of not guilty put into issue every essential element of the crime charged so as to require the State to prove these elements beyond a reasonable doubt. State v. Lewis, 274 N.C. 438, 164 S.E. 2d 177 (1968). A trial judge is not required to state the contentions of the litigants. But when he undertakes to give the contentions of one party, he must fairly charge as to those of the other. Failure to do so is error. State v. Cook, 273 N.C. 377, 160 S.E. 2d 49 (1968). In the charge to the jury the judge briefly and fairly stated the contentions of the State and the defendant. This was not error.\nWe have reviewed the entire record and hold the defendant had a fair trial free from prejudicial error.\nNo error.\nJudges Britt and Parker concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan and Associate Attorney William Lewis Sauls for the State.",
      "Jerry D. Moore for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. LITTLE HENRY HAYES\nNo. 7223SC312\n(Filed 24 May 1972)\n1. Narcotics \u00a7 4 \u2014 giving away stimulant drugs\nThe State\u2019s evidence was sufficient to be submitted to the jury on the issue of defendant\u2019s guilt of giving away stimulant drugs in violation of G.S. 90-113.2(5), where it tended to show that defendant placed an aqua colored piece of paper in a library book which he gave to the prosecuting witness, and that two capsules containing amphetamines were thereafter discovered in the paper which had been placed in the book.\n2. Criminal Law \u00a7 118\u2014 statement of defendant\u2019s contentions \u2014 absence of evidence by defendant\nAlthough defendant did not testify or offer evidence, the trial court did not err in stating defendant\u2019s contentions in its instructions, since defendant\u2019s plea of not guilty put in issue every essential element of the crime charged.\nAppeal by defendant from Crissman, Judge, 13 December 1971 Session of Superior Court held in Wilkes County.\nThe defendant was charged in a bill of indictment, proper in form, with giving stimulant drugs to Brenda Sue Faw in violation of G.S. 90-113.2(5). The defendant pleaded not guilty.\nThe State offered evidence tending to show that on 29 June 1971 at about 6:20 p.m. Brenda Sue Faw, a tenth grade student at West Wilkes High School, and her friend Chris Gambill were standing in front of the Liberty Theater in the town of North Wilkesboro when they were approached by the defendant and a boy named Bill Holcomb. The defendant asked Brenda to let him see a library book which she had in her hand. The defendant thumbed through the book, and Brenda saw him place an aqua colored piece of paper in the book. Brenda did not know the defendant, but Bill Holcomb had been trying to get her to date him, and she thought the paper was a note from him. The defendant returned the book just as Brenda\u2019s mother drove up, and Brenda got into the automobile and put the book on the seat. On the way home they stopped at a grocery store and Brenda went to get some milk. While Brenda was out of the automobile her five year old sister opened the book, found the aqua paper, and two \u201cbrown and clear capsules, containing orange and white pellets,\u201d which Brenda\u2019s mother took and gave to George L. McSwain, a special agent for the North Carolina State Bureau of Investigation. These capsules were analyzed and found to contain the stimulant drug amphetamine. The defendant offered no evidence.\nThe jury found the defendant guilty and from a judgment of imprisonment the defendant appealed.\nAttorney General Robert Morgan and Associate Attorney William Lewis Sauls for the State.\nJerry D. Moore for defendant appellant."
  },
  "file_name": "0616-01",
  "first_page_order": 642,
  "last_page_order": 644
}