{
  "id": 8551105,
  "name": "STATE OF NORTH CAROLINA v. STEVE ODOM",
  "name_abbreviation": "State v. Odom",
  "decision_date": "1973-06-13",
  "docket_number": "No. 7320SC423",
  "first_page": "478",
  "last_page": "479",
  "citations": [
    {
      "type": "official",
      "cite": "18 N.C. App. 478"
    }
  ],
  "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": "188 S.E. 2d 537",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "14 N.C. App. 468",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8550344
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/14/0468-01"
      ]
    },
    {
      "cite": "183 S.E. 2d 652",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "279 N.C. 428",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569396
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc/279/0428-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 278,
    "char_count": 3625,
    "ocr_confidence": 0.488,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20590891592521418
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    "sha256": "b799b71e8a1405a280c144aa58866ed40dcf47935cfb50afefa2baf84b367146",
    "simhash": "1:502454f62dfc4ede",
    "word_count": 597
  },
  "last_updated": "2023-07-14T21:14:36.293491+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Bkock and VAUGHN concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. STEVE ODOM"
    ],
    "opinions": [
      {
        "text": "HEDRICK,- Judge.\nDefendant contends the trial court erred in admitting into evidence witness Cole\u2019s in-court identification of him as the perpetrator of the robbery.\nBefore allowing Mrs. Cole\u2019s in-court identification of defendant as the person who committed the robbery, the trial judge conducted a voir dire examination in the absence of the jury; and, after hearing testimony of Mrs. Cole, defendant, Deputy Sheriff Joe Warner of Richmond County, and Jesse Goodwin, Jailer of Richmond County, the court made findings and conclusions \u201c[t]hat the identification or show-up of the defendant in the Richmound County Jail was unconstitutional and impermissible.\u201d However, the judge made further findings that the in-court identification of defendant by Mrs. Cole was based \u201cupon her independent memory in her viewing of him in her presence on August 25, 1972\u201d and \u201cwas not tainted or rendered incompetent as evidence by the subsequent unconstitutional show-up at the Richmond County Jail.\u201d Such findings when supported by competent evidence are conclusive on appellate courts, both State and Federal. State v. McVay and State v. Simmons, 279 N.C. 428, 183 S.E. 2d 652 (1971); State v. Sneed, 14 N.C. App. 468, 188 S.E. 2d 537 (1972). There is plenary, competent evidence in the record to support these positive findings. This assignment of error is overruled.\nDefendant assigns as error the denial of his motions for judgment as of nonsuit. There is plenary, competent evidence in the record to require submission of this case to the jury and to support the verdict.\nDefendant has additional assignments of error which we have carefully, considered and find to be. without merit.\nDefendant had a fair trial free from prejudicial error.\nNo error.\nJudges Bkock and VAUGHN concur.",
        "type": "majority",
        "author": "HEDRICK,- Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan and Assistant Attorney General Claude W. Harris for the State.",
      "heath, Bynum & Kitchin by Henry L. Kitchin for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. STEVE ODOM\nNo. 7320SC423\n(Filed 13 June 1973)\nCriminal Law \u00a7 66\u2014 illegal pretrial show-up \u2014 in-court identification \u2014 independent origin\nThe evidence on voir dire supported the trial court\u2019s determination that a robbery victim\u2019s in-court identification of defendant as the perpetrator of the crime was based on her observations of defendant during the robbery and was not tainted by a previous illegal show-up at the county jail.\nAppeal by defendant from Martin, Harry C., Judge, 17 November 1972 Session of Superior Court held in Richmond County.\nDefendant, Steve Odom, was charged in an indictment, proper in form, with the armed robbery of Mrs. C. L. Cole. Upon his plea of not guilty, the State offered evidence tending to show that at about 6:00 p.m., 25 August 1972, defendant entered the store in which Mrs. C. L. Cole is employed, walked to the \u201cice cream box\u201d and \u201cstood there with his back to me for about five minutes.\u201d Mrs. Cole was seated on a cot behind a glass counter and detected a pistol in defendant\u2019s left front pocket. She testified: \u201cSudden-like he whirled around with a gun and a freeze pop and I could see about four inches of the barrel of the gun. He said this is a robbery and for me not to try anything.\u201d As defendant reached behind the counter to remove the $100.00 from the \u201ccash box,\u201d Mrs. Cole observed the name \u201cSteve\u201d tattooed on his right arm. Defendant then fled from the store.\nDefendant offered evidence tending to establish an alibi and denied that he was the perpetrator of the robbery.\nThe jury found defendant guilty as charged and from a judgment imposing a prison sentence from twelve to sixteen years, he appealed.\nAttorney General Robert Morgan and Assistant Attorney General Claude W. Harris for the State.\nheath, Bynum & Kitchin by Henry L. Kitchin for defendant appellant."
  },
  "file_name": "0478-01",
  "first_page_order": 502,
  "last_page_order": 503
}