{
  "id": 8552488,
  "name": "STATE OF NORTH CAROLINA v. JAMES SPENCER",
  "name_abbreviation": "State v. Spencer",
  "decision_date": "1973-06-27",
  "docket_number": "No. 732SC385",
  "first_page": "578",
  "last_page": "580",
  "citations": [
    {
      "type": "official",
      "cite": "18 N.C. App. 578"
    }
  ],
  "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": 235,
    "char_count": 3217,
    "ocr_confidence": 0.519,
    "sha256": "a8e9ce76e8936785b2e1ca78d3821463aa3dec9fff1bf48b53910dc079854bc3",
    "simhash": "1:50e024df14d4906e",
    "word_count": 545
  },
  "last_updated": "2023-07-14T21:14:36.293491+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES SPENCER"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nDefendant was represented by counsel during his trial and on this appellate review. The bill of indictment is proper in form and sufficient to charge the felony of murder. The court was properly organized and had jurisdiction of the subject matter and the person of defendant. Trial was by jury which found defendant guilty of second degree murder. The evidence was sufficient to overcome defendant\u2019s motion for nonsuit, and to require submission of the case to the jury. The verdict' was proper in form and the prison sentence imposed is within statutory limits.\nWe have reviewed the record and in our opinion defendant had a fair trial, free from prejudicial error.\nNo error.\nJudges Britt and Hedrick concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Briley, for the State.",
      "Forrest V. Dunstan for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES SPENCER\nNo. 732SC385\n(Filed 27 June 1973)\nON certiorari to review the order of Rouse, Judge, 26 April 1971 Session of Superior Court held in Washington County.\nDefendant was charged in a bill of indictment with first degree murder of one John Willie Wilkins on 2 April 1971. Defendant entered a plea of not guilty.\nAt trial the State presented evidence which tended to show the following. On 2 April 1971 at approximately 9:00 p.m., defendant and John Willie Wilkins, the deceased, were in Warren Everett\u2019s \u201cnight spot\u201d on Highway 32 near Plymouth, North Carolina. Warren Everett, the proprietor, was working behind the drink counter on the night in question and heard a shot. Everett turned around and saw defendant shooting a pistol at John Willie Wilkins. He heard approximately four shots and then the deceased turned and ran out the back door of the \u201cnight spot.\u201d Two other eyewitnesses also saw defendant shooting at the deceased and then saw the deceased run out the back door. Another witness, who was outside the building at the time of the shooting, heard shots from inside the building and then saw deceased rush out the back door. Deceased died from internal hemorrhaging caused by bullet wounds.\nDefendant presented evidence which tended to show the following: that immediately prior to the shooting defendant placed a quarter in the juke box at Everett\u2019s \u201cnight spot\u201d; that at this time the deceased tried to \u201cwalk up\u201d to defendant; that deceased said something to defendant; that defendant walked away from deceased and said \u201cI don\u2019t want to hear it\u201d; that deceased hollered \u201cDon\u2019t walk away from me when I am talking to you\u201d; that deceased followed defendant as he was walking toward the door; that deceased made some motion toward his pocket, and defendant pulled out a pistol and fired at the floor; that deceased and defendant began struggling, and during the struggle two or three shots went off; that after the third shot the deceased fell against the counter and ran out the back door; that automatic rifle shots were heard outside the building as well as the shots heard inside the building; that a tire on one of the cars in the parking lot was punctured by a bullet and that two bullet holes were found under the front door of the same car.\nA jury returned a verdict of guilty of second degree murder. Defendant appealed.\nAttorney General Morgan, by Assistant Attorney General Briley, for the State.\nForrest V. Dunstan for defendant."
  },
  "file_name": "0578-02",
  "first_page_order": 602,
  "last_page_order": 604
}