{
  "id": 8554199,
  "name": "STATE OF NORTH CAROLINA v. JIMMY COLLINS",
  "name_abbreviation": "State v. Collins",
  "decision_date": "1973-09-19",
  "docket_number": "No. 7320SC643",
  "first_page": "446",
  "last_page": "448",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 446"
    }
  ],
  "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": 268,
    "char_count": 3994,
    "ocr_confidence": 0.539,
    "sha256": "8505abbdf1118de3304fe0a5ecfab236ebf519de220ca2fef38c4cdf0795df56",
    "simhash": "1:73c4b0676fb40444",
    "word_count": 682
  },
  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Baley concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JIMMY COLLINS"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nThere was no question of identification of defendant. Both of the deputies who were assaulted had known defendant for several years. Defendant\u2019s sole defense was stated in his plea: temporary insanity. However, he offered absolutely no evidence of insanity, temporary or otherwise. At best, his evidence tended to show a temporary amnesia brought about by consumption of alcohol or \u201cspeed\u201d pills, or both.\nBy his evidence, defendant relied upon a showing of lack of criminal intent because of his lack of consciousness brought on by his indulgence in alcohol or drugs, or both. This feature of the case was clearly explained to the jury by the trial judge, and defendant was given every advantage to which he was entitled. Obviously, the jury rejected defendant\u2019s contention.\nIn our opinion, defendant had a fair trial, free from prejudicial error.\nNo error.\nJudges Britt and Baley concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Eatman, for the State.",
      "Pittman, Pittman & Guice, by Zoro J. Guice, Jr., for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JIMMY COLLINS\nNo. 7320SC643\n(Filed 19 September 1973)\nCriminal Law \u00a7 5 \u2014 defense of unconsciousness \u2014 instructions\nIn this trial of defendant upon two charges of assault upon a law officer, the trial court properly instructed the jury on defendant\u2019s defense of unconsciousness brought on by the use of alcohol, drugs, or both.\nAppeal by defendant from McConnell, Judge, 5 March 1973 Session of Superior Court held in Richmond County.\nDefendant was charged in two bills of indictment: (1) in case number 73CR471 with an assault with a firearm upon Cleavon B. Gainey, a law enforcement officer in performance of his duties, and (2) in case number 73CR472 with an assault with a firearm upon Grady Cockman, a law enforcement officer in performance of his duties. The two cases were consolidated for trial.\nUpon motion of defendant, defendant was committed on 25 January 1973 to the State Hospital for observation to determine whether he was mentally competent to plead to the charges against him and to stand trial. After observation and evaluation defendant was found competent and was returned to Richmond County. Upon his arraignment at trial he entered a plea of \u201cNot guilty by reason of temporary insanity.\u201d\nThe State\u2019s evidence in case number 73CR471 tended to show the following: Deputy Sheriff Gainey was on duty as jailer at the Richmond County Jail on 15 January 1973, when the defendant entered the jail office at about 7:30 p.m. with a shotgun. When Deputy Gainey started to get up from his chair defendant pointed the shotgun at him and said: \u201cDon\u2019t. You turn them out, all of them.\u201d Deputy Gainey said \u201cokay\u201d and started to the rear of the jail. The door which opened into the next room was solid steel and as Deputy Gainey went into the next room he slammed the steel door shut and locked it.\nThe State\u2019s evidence in case number 73CR472 tended to show the following: Deputy Sheriff Cockman was on duty on 15 January 1973. At about 7:30 p.m. he drove his patrol car to the county jail lot to fill it with gas. As he drove up defendant pointed a shotgun at him and ordered him out of his car. As Deputy Cockman was getting out of his.car an A.B.C. officer drove into th\u00e9 county jail yard. Defendant said, \u201cToo damn late now,\u201d turned and ran away. Defendant was apprehended about two hours later.\nDefendant\u2019s evidence consisted of. his own testimony which tended to show the following; Defendant had been drinking and taking \u201cspeed\u201d pills all week and on the day in question. Defendant had used alcohol all of his life and had used drugs for six or seven years, and had been hospitalized the previous summer for an overdose of \u201cspeed.\u201d Defendant did not recall any of the incidents at the jail and did not know what he was doing\" on the night in question. The first thing defendant remembered was that the next morning he was in a padded cell.\nThe jury found defendant guilty as charged in both cases.\nAttorney General Morgan, by Assistant Attorney General Eatman, for the State.\nPittman, Pittman & Guice, by Zoro J. Guice, Jr., for the defendant."
  },
  "file_name": "0446-01",
  "first_page_order": 470,
  "last_page_order": 472
}